Parker v. Bourdon et al, No. 2:2018cv00688 - Document 25 (D. Utah 2018)

Court Description: MEMORANDUM DECISION denying 23 Motion to Recuse. Signed by Judge Ted Stewart on 11/19/18. (jlw)
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Parker v. Bourdon et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH FRANK PARKER, MEMORANDUM DECISION AND ORDER DENYING MOTION TO RECUSE Plaintiff, v. KRISTIE BOURDON, et. al., Case No. 2:18-CV-688 TS-DBP Defendant. District Judge Ted Stewart This matter is before the Court on Plaintiff’s Motion to Recuse. Plaintiff asks that the Magistrate Judge recuse himself as a result of an alleged conflict of interest. Plaintiff bring his Motion pursuant to 28 U.S.C. § 455(a). That provision states that “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” “A judge has a continuing duty to recuse under § 455(a) if sufficient factual grounds exist to cause a reasonable, objective person, knowing all the relevant facts, to question the judge’s impartiality.” 1 Plaintiff has failed to provide the Court with facts demonstrating that the Magistrate Judge’s impartiality may reasonably be questioned. Plaintiff merely alleges that recusal is required because the Magistrate Judge has a relationship with the Church of Jesus Christ of Latter Day Saints. However, “courts have consistently held that membership in a church does not create sufficient appearance of bias to require recusal.” 2 It is therefore 1 2 United States v. Pearson, 203 F.3d 1243, 1277 (10th Cir. 2000). Bryce v. Episcopal Church in the Diocese of Colo., 289 F.3d 648, 660 (10th Cir. 2002). 1 Dockets.Justia.com ORDERED that Plaintiff’s Motion to Recuse (Docket No. 23) is DENIED. DATED this 19th day of November, 2018. BY THE COURT: Ted Stewart United States District Judge 2