Michael Martin on behalf of M.M. v. SkyWest Airlines

Martin v. SkyWest Airlines · United States District Court for the District of Utah · December 1, 2025 · No. 2:25-cv-00764

Summary

The United States District Court for the District of Utah denied Michael Martin’s motion to recuse the assigned magistrate judge under 28 U.S.C. § 455. The court held that Martin identified no factual grounds that would cause an objective observer to question the judge’s impartiality, and explained that the order to show cause regarding his standing did not support recusal.

Holdings

  1. Recusal was not required because Martin identified no factual grounds that would cause an objective observer reasonably to question the magistrate judge's impartiality.
  2. A non-attorney parent may not bring claims on behalf of a minor child without being represented by an attorney.

Questions Presented

  1. Whether the magistrate judge was required to recuse under 28 U.S.C. § 455(a) based on Martin's generalized allegations of constitutional violations, his claimed duty to protect his minor child, and the court's order to show cause regarding standing.
  2. Whether a non-attorney parent may pursue claims on behalf of a minor child without being represented by counsel.

Disposition

other

Cases Cited (7)

  • Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991)(followed)
  • United States v. Cooley, 1 F.3d 985, 992 (10th Cir. 1993)(followed)
  • Nichols v. Alley, 71 F.3d 347, 351 (10th Cir. 1995)(followed)
  • United States v. Walker, 838 F. App'x 333, 337 (10th Cir. 2020) (unpublished)(followed)
  • Liteky v. United States, 510 U.S. 540, 555 (1994)(followed)
  • Fymbo v. State Farm Fire & Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000)(followed)
  • Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986)(followed)

Cited In (0)

No citing cases on record yet.

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