United States v. Lubin

Opinion

MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, Plaintiff, Case No: 8:21-cv-2231-TPB-JSS EDWARD LUBIN, Defendant. I ORDER Under 28 U.S.C. § 455, a judge must disqualify herself in any proceeding in which her impartiality might reasonably be questioned or if the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. 28 U.S.C. § 455(a), (b)(1). When the proper grounds exist, a judge has an affirmative and self- enforcing obligation to recuse herself sua sponte. United States v. Kelly, 888 F.2d 732, 744 (11th Cir. 1989). In this case, the undersigned oversaw a settlement conference. During the settlement conference, at which the parties reached an impasse, the undersigned became privy to certain confidential information. Consequently, recusal is warranted. The Clerk is directed to reassign this case to another magistrate judge by random draw and provide notice to the parties of the new magistrate judge. ORDERED in Tampa, Florida, on December 21, 2022.

f ee st 5. SHEED — UNITED STATES MAGISTRATE JUDGE

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