Hoid v. Boulder County Sheriff's Office

Summary

The United States District Court for the District of Colorado denies Edward Hoid’s fifth motion seeking recusal and disqualification of Chief Judge Philip A. Brimmer under 28 U.S.C. § 455. The court finds that Hoid’s unsupported and conclusory allegations of judicial bias do not provide a reasonable basis for questioning the judge’s impartiality.

Holdings

1. Recusal is not warranted where the motion rests on unsupported, conclusory, irrational, or highly tenuous accusations that would not cause a well-informed, thoughtful, and objective observer to question the judge's impartiality.
2. A recusal motion cannot be treated as arising under 28 U.S.C. § 144 when it is not accompanied by the statute's required affidavit stating the facts and reasons supporting the claimed bias or prejudice.

Questions Presented

1. Whether the plaintiff's emergency motion required recusal under 28 U.S.C. § 455.
2. Whether the motion could be treated as a motion under 28 U.S.C. § 144 despite the absence of the required supporting affidavit.

Disposition

other