Opinion
Civil Action No. 11-cv-03173-REB-KMT
12-30-2011
THERESA L. DOWLING, Plaintiff, v. XCEL ENERGY, Defendant.
Magistrate Judge Kathleen M. Tafoya
ORDER OF RECUSAL
This matter comes before me sua sponte. To eschew the appearance of impropriety, I conclude that I must recuse myself from this case.
Title 28 U.S.C.A. § 455(a) provides, "(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." See United States v. Pearson, 203 F.3d 1243, 1264 (10th Cir. 2000). However, a "judge should not recuse himself on unsupported, irrational, or highly tenuous speculation." Hinman v. Rogers, 831 F.2d. 937, 939 (10th Cir. 1987).
One of my family members owns stock in Xcel Energy. Under these circumstances, the court's impartiality might reasonably be questioned.
Therefore, it is ORDERED:
Pursuant to 28 U.S.C. § 455(a), I hereby RECUSE myself from all further involvement in this case. The Clerk's Office shall randomly draw and assign another Magistrate Judge to this case.
BY THE COURT:
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Kathleen M. Tafoya
United States Magistrate Judge