HomeMy WebLinkAbout2024-cv-2336 - O’Ryan v. City of Fort Collins - 013 - Order of RecusalIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 24-cv-02336-RMR-MEH
LAURELEI O’RYAN,
Plaintiff,
v.
CITY OF FORT COLLINS,
Defendant.
______________________________________________________________________________
ORDER OF RECUSAL
______________________________________________________________________________
Michael E. Hegarty, Chief United States Magistrate Judge.
This matter comes before me sua sponte. A United States Magistrate Judge “shall
disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
28 U.S.C. § 455(a). This is self-enforcing on the part of the judge. See United States v. Pearson,
203 F.3d 1243, 1276–77 (10th Cir. 2000) (internal citations omitted). “[W]hat matters is not the
reality of bias or prejudice but its appearance.” Liteky v. United States, 510 U.S. 540, 548 (1994).
In the Tenth Circuit, disqualification should occur in cases where “a reasonable person, knowing
all the relevant facts, would harbor doubts about the judge’s impartiality.” United States v. Cooley,
1 F.3d 985, 993 (10th Cir. 1993) (internal quotations and citations omitted).
Upon reviewing this case’s file, I conclude that I must recuse myself from further service
in this case. My son is a partner at the law firm of Hall & Evans, LLC, and attorneys from that
firm are representing a litigant in this civil action.
IT IS ORDERED that I recuse myself from further service in this matter. The Clerk of
Court shall reassign this civil action to another Magistrate Judge.
Case No. 1:24-cv-02336-RMR-NRN Document 13 filed 10/16/24 USDC Colorado pg 1 of 2
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IT IS FURTHER ORDERED that the Scheduling Conference set for October 24, 2024
and related deadlines are vacated. ECF 5.
DATED at Denver, Colorado, this 16th day of October, 2024.
BY THE COURT:
Michael E. Hegarty
Chief United States Magistrate Judge
Case No. 1:24-cv-02336-RMR-NRN Document 13 filed 10/16/24 USDC Colorado pg 2 of 2