Dilley v. United States of America

Filing 31

ORDER. Counsel have advised me that Mark E. Mailliard, M.D. may be a witness in this case. Dr. Mailliard is my brother-in-law. Accordingly, a reasonable person might question my objectivity. Indeed, I question my objectivity. Therefore, IT IS ORDERED that I recuse myself from this case and request Chief Judge Bataillon to reassign it. Ordered by Judge Richard G. Kopf. (KLL, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KENNETH D. DILLEY, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) 4:08CV3005 MEMORANDUM AND ORDER Counsel have advised me that Mark E. Mailliard, M.D. may be a witness in this case. Dr. Mailliard is my brother-in-law. Accordingly, a reasonable person might question my objectivity. Indeed, I question my objectivity.1 Therefore, IT IS ORDERED that I recuse myself from this case and request Chief Judge Bataillon to reassign it. November 6, 2008. BY THE COURT: s/ Richard G. Kopf United States District Judge 1 I am presently looking after Dr. Mailliard's loveable but rotund dog, Pita.

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