ROJAS
v.
FLORIDA CANCER SPECIALISTS & RESEARCH INSTITUTE, LLC
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Judge Sheri Polster Chappell recused herself from a civil action between Rojas and Florida Cancer Specialists & Research Institute, LLC due to a potential conflict of interest involving a doctor associated with the defendant who treats an immediate family member of the judge.
The judge must recuse herself from the action. Under § 455(a), disqualification is required when a judge's impartiality might reasonably be questioned, and under § 455(b), disqualification is required in certain enumerated situations including those involving family members' treatment providers.
“A judge must disqualify if her 'impartiality might reasonably be questioned.' 28 U.S.C. § 455(a).”
Establishes the primary standard for judicial recusal based on reasonable questions of impartiality
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Before the Court is a review of the docket. A judge must disqualify if her “impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). She must also disqualify in certain situations listed in § 455(b). And all doubts are “resolved in favor of recusal.” Murray v. Scott, 253 F. 3d 1308, 1310 (11th Cir. 2001). Because uses a doctor associated with Defendant Florida Cancer Specialists & Research Institute, LLC treats an immediate family member of the undersigned, disqualification may be required. See 28 U.S.C. § 455(b). So to avoid even the appearance of partiality or impropriety, the undersigned must recuse. See Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 865 (1988). Accordingly, it is now ORDERED: 1. The Honorable Sheri Polster Chappell is RECUSED from this action. 2. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division. DONE and ORDERED in Fort Myers, Florida on April 15, 2024.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847 (U.S. 1988)
- Murray v. Scott, 253 F.3d 1308 (11th Cir. 2001)