Filed: Jul. 28, 2014
Latest Update: Jul. 28, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on review of the docket. Under 28 U.S.C. 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." Murray v. Scott, 253 F.3d 1308 , 1310 (11th Cir. 2001). When considering recusal, the potential conflict must be considered as it applies to th
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on review of the docket. Under 28 U.S.C. 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." Murray v. Scott, 253 F.3d 1308 , 1310 (11th Cir. 2001). When considering recusal, the potential conflict must be considered as it applies to the..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on review of the docket. Under 28 U.S.C. § 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). When considering recusal, the potential conflict must be considered as it applies to the entire case. Id. at 1310-11. A judge contemplating recusal should not ask whether he or she believes he or she is capable of impartially presiding over the case but whether "[the judge's] impartiality might reasonably be questioned." Parker v. Connors Steel Co., 855 F.2d 1510, 1524 (11th Cir. 1988). A judge, however, has a duty to sit when there is no legitimate reason to recuse as when the law and facts require. United States vs. Malmsberry, 222 F.Supp.2d 1345 (11th Cir. 2002) (citation omitted). Moreover, 28 U.S.C. § 455(b) provides certain situations in which partiality is presumed and recusal is required.1 After reviewing the explicitly enumerated conflicts of interest in which recusal is mandatory under § 455(b), if the Court does not find that any apply, the judge is obligated to continue to preside over the case. See Lawal v Winners International Rests Co. Ops., Inc., No. 1:04-CV-0913-WSD, 2006 WL 898180 at * 4 (N.D. Ga. Apr. 6, 2006).
In this instance, I find that I must recuse myself to avoid the appearance of partiality. A close family member is employed with Defendant Health Management Associates, Inc. Therefore, there is a legitimate reason to recuse as my impartiality may be reasonably questioned.
Accordingly, it is now ORDERED:
The undersigned is RECUSED from this instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge.
DONE and ORDERED.
