Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 257

Filed 06/25/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 04-cv-01067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation, Defendants.

ORDER OF RECUSAL Blackburn, J. This matter comes before me sua sponte. To eschew the appearance of impropriety, 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). It has come to my attention through C.R.C.P. 251.31 that pursuant to C.R.C.P. 251.3, 251.12, and 251.14, the Regulation Counsel has filed a complaint seeking to establish grounds for discipline of plaintiff's counsel based on his conduct in the trial of

Case 1:04-cv-01067-MSK-CBS

Document 257

Filed 06/25/2008

Page 2 of 2

this case. It is probable that members of my immediate chambers staff may be percipient witnesses in connection with that proceeding. Given these circumstances, I am constrained to conclude that I should recuse myself from further participation in 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 pursuant to D.C.COLO.LCivR 40.1, the Clerk of the Court shall randomly draw another district judge to be assigned to this case. Dated June25, 2008, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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