Opinion
Civil Action No. 12-cv-00334-RBJ-KMT
05-04-2012
BRIAN HICKS, Plaintiff, v. STEPHANIE PODOLAK, BLAKE DAVIS, RENE GARCIA, SHAWN KUTA, SHIKAH DOSANJ, STEVE BROWN, SEAN SNIDER, MICHAEL NALLEY, HARREL WATTS, and JOHNNY CHAVEZ, Defendants.
Magistrate Judge Kathleen M. Tafoya
ORDER
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).
During my time as an Assistant United States Attorney with the United States Attorney's Office for the District of Colorado, I was involved in the prosecution of one of Plaintiff Brian Hicks's criminal matters. 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