Kaplan v. 21st Century Oncology Holdings, Inc., 2:16-cv-210-FtM-38CM. (2016)
Court: District Court, M.D. Florida
Number: infdco20160406981
Visitors: 16
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court upon sua sponte review of the docket. Pursuant to 28 U.S.C. 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." See Murray v. Scott, 253 F.3d 1308 , 1310 (11th Cir. 2001). Additionally, 28 U.S.C. 455(b) enumerates certain c
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court upon sua sponte review of the docket. Pursuant to 28 U.S.C. 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." See Murray v. Scott, 253 F.3d 1308 , 1310 (11th Cir. 2001). Additionally, 28 U.S.C. 455(b) enumerates certain ci..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court upon sua sponte review of the docket. Pursuant to 28 U.S.C. § 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." See Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). Additionally, 28 U.S.C. § 455(b) enumerates certain circumstances in which judges must disqualify themselves from cases. Pertinent here, judges should disqualify themselves when they know their spouse "has a financial interest in . . . a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding." 28 U.S.C. § 455(b)(4). As a result, the undersigned finds a conflict of interest and must recuse herself from this case.
Accordingly, it is now
ORDERED:
The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge.
DONE AND ORDERED.
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Source: Leagle
