Opinion
C/A No. 0:10-1268-RMG-PJG.
October 6, 2010
ORDER
This civil rights matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) DSC on the motion of the plaintiff, Thomas M. Fair, Jr. ("Fair"), a self-represented state prisoner, to recuse the assigned magistrate judge. (ECF No. 34.) Fair asserts that the assigned magistrate judge previously adjudicated issues involved in the instant matter during her prior service as a judge on the South Carolina Administrate Law Court. See Fair v. S.C. Dep't of Corr., Docket No. 06-ALJ-04-0912-AP (S.C. Admin. Law Ct. March 7, 2008) (Gossett, J.). Section 455(a) of Title 28 of the United States Code requires recusal of a federal judge in any proceeding in which her impartiality might reasonably be questioned. See 28 U.S.C. § 455(a). Moreover, although not directly applicable here, § 47 of that title instructs that it is inappropriate for a judge "to hear or determine an appeal from the decision of a case or issue tried by him." 28 U.S.C. § 47. It appearing that adjudication of the instant case may require collateral review of issues previously decided by the undersigned in Fair's case before the Administrative Law Court, it is hereby
ORDERED that Fair's motion is GRANTED. The Clerk of Court is directed to re-assign this matter to another magistrate judge.
IT IS SO ORDERED.
October 6, 2010
Columbia, South Carolina