Opinion
Civil Action No. 12-cv-00737-REB-KMT
05-09-2012
DR. GEORGIA HICKS, and MS. TING-TING CHAN-BURFORD, Plaintiffs, v. COMMUNITY EDUCATION CENTERS, INC., d/b/a CHEYENNE MOUNTAIN RE-ENTRY CENTER, Defendant.
Judge Robert E. Blackburn
ORDER OF RECUSAL
Blackburn, J.
This matter is before me sua sponte. I conclude that I must recuse myself from this case.
As a general rule, recusal is required when "a reasonable person armed with the relevant facts would harbor doubts about the judge's impartiality." Maez v. Mountain States Telephone & Telegraph, Inc., 54 F.3d 1488, 1508 (10th Cir. 1995). Pursuant to 28 U.S.C. § 455, a judge should recuse himself from a case when his participation in the case creates an appearance of impropriety. 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).
A member of my personal chambers staff is acquainted closely with Susan Strebel Sperber, an attorney with the law firm of Rothgerber Johnson & Lyons, LLP-Denver, who has entered an appearance on behalf of plaintiff. Given these circumstances, I conclude that I should recuse myself from this case in an effort to avoid any appearance of impropriety. THEREFORE, IT IS ORDERED as follows:
1. That under 28 U.S.C. § 455(a), I recuse myself from this case; and
2. That this case shall be reassigned pursuant to D.C.COLO.LCivR 40.1.
BY THE COURT:
______________________
Robert E. Blackburn
United States District Judge