Chuck Briay Sanders v. Charles Jeff Sifers, Daphne Wheat, Kori Brewer, Gina Lowe, and Kory Kirkland

Summary

The court grants Plaintiff Chuck Briay Sanders’s motion to recuse and disqualify the assigned judge under 28 U.S.C. § 455(a). Although the court found no actual bias, it concluded that recusal was appropriate to avoid the appearance of impropriety because the judge’s husband was involved in a related state-court proceeding involving the plaintiff, and it directed the Clerk to reassign the case.

Holdings

1. Recusal was appropriate because the undersigned judge's husband's representation of Plaintiff in a related and procedurally advanced state-court action created an appearance of impropriety, even though the judge found no actual bias or prejudice.

Questions Presented

1. Whether the circumstances surrounding the undersigned judge's husband's representation of Plaintiff in a related state-court proceeding required recusal under 28 U.S.C. § 455(a).

Disposition

other