Roy et al v. NH Department of Corrections, Commissioner, et al

Filing 27

ORDER granting 25 Emergency MOTION for Recusal of Magistrate Muirhead. So Ordered by Magistrate Judge James R. Muirhead. (jab)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Steven Roy, Charles Wolff, Eric Chaplin, Joel Smith, John Gosselin, Bruce Usher, William Johnson, Prayer Feather Farrow v. NH Department of Corrections, Commmissioner; NH State Prison, Warden; Northern NH Correctional Facility, Warden; Robert MacLeod, Karen Anderson ORDER Civil No. 09-cv-75-SM

Defendants seek my recusal under 28 U.S.C. § 455(a).

I

reject the suggestion that sending a file for review by one of the few attorneys in the state willing to consider taking a prisoner case somehow places my neutrality or objectivity into question. The prisoner filed a motion to appoint counsel. The

prisoner's claims had merit and counsel was free to do his own analysis. Judge Arenas did the preliminary review in this case, so I was not familiar with the complaint in this case until the motion. Having now read the complaint, I find that it has some

issues identical to factual issues in Mr. Roy's "dental case." In that case, I made factual findings concerning defendants' unconstitutional lack of adequate dental care. in part based upon defendants' own witnesses. My findings were The question isn't

whether I could be objective because I certainly can be objective. However, I do think that having made those findings, I recuse myself

my objectivity may reasonably be questioned. from all further proceedings in this case. SO ORDERED.

____________________________________ James R. Muirhead United States Magistrate Judge Date: April 10, 2009 cc: David P. Slawksy, Esq. Lawrence A. Vogelman, Esq. Danielle Leah, Esq. Nancy J. Smith, Esq. Anne M. Edwards, Esq.

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