Opinion
2:14-cv-437-SPC-NPM
12-06-2022
UNITED STATES OF AMERICA and ANGELA D'ANNA, ex rel, Plaintiffs, v. LEE MEMORIAL HEALTH SYSTEM and CAPE MEMORIAL HOSPITAL, INC., Defendants.
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Sheri Polster Chappell, Judge.
Before the Court is a review of the docket. A judge must disqualify if her “impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). She must also disqualify in certain situations listed in § 455(b). And all doubts are “resolved in favor of recusal.” Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). Because the Court's immediate family member now actively uses a doctor associated with a named Defendant, disqualification may be required. See 28 U.S.C. § 455(b). To avoid even the appearance of partiality or impropriety, the Court finds she must recuse herself. See Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 865 (1988).
Accordingly, it is now
ORDERED:
1. The Honorable Sheri Polster Chappell is RECUSED from this action.
2. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division.
DONE and ORDERED.