Miller v. Denney

Filing 16

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment to another district judge. Signed by District Judge Charles A. Shaw on 1/23/2013. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LARRY MILLER,

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Petitioner,
v.
LARRY DENNEY,
Respondent.

No. 4:10-CV-314 CAS

MEMORANDUM AND ORDER
On March 3, 2010, the undersigned ordered that on or before April 2, 2010, the parties were
to inform the Court, in writing, whether the Honorable Booker Shaw, the undersigned’s brother,
presided over any aspect of petitioner’s state court proceedings. Neither party responded to the
March 3, 2010 Memorandum and Order. It has recently come to the Court’s attention that indeed
Judge Booker Shaw did preside over petitioner’s appeal in state court. Therefore, the undersigned
concludes there are circumstances present in this case which give rise to the need for recusal pursuant
to 28 U.S.C. § 455(b)(5)(iii).
Accordingly,
IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for
random reassignment to another district judge.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 23rd

day of January, 2013.