IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 00cv02361WDMMEH
WYRICK G. DEANE,
MILTON TUCKER, et al.,
ORDER OF RECUSAL
Entered by Michael E. Hegarty, United States Magistrate Judge.
After the initiation of this lawsuit, this matter and the other 14 member cases were referred
to Magistrate Judge O. Edward Schlatter by Order of the District Court. Upon Magistrate Judge
Schlatter’s retirement, and upon the recent administrative reopening of these matters (as listed in
the Order of Consolidation [Docket #31]), the cases were reassigned to me. Previous to my
appointment to the federal bench, I was employed as the Chief of the Civil Division in the United
States Attorney’s Office, which is counsel for one or more of the parties in this case. In that
capacity (through the end of 2005), I was the supervisor for every civil Assistant U.S. Attorney.
Moreover, I was counsel of record in these cases for several years.
Pursuant to 28 U.S.C. §455(b)(3), a Magistrate Judge shall disqualify himself under the
Where he has served in governmental employment and in such
capacity participated as counsel, adviser or material witness
concerning the proceeding or expressed an opinion concerning the
merits of the particular case in controversy.
Case 1:00-cv-02361-WDM-BNB Document 33 Filed 02/12/2007 Page 1 of 2
Deane v. Tucker, et al
1These matters are identified as 00cv02361WDMMEH; 00cv02362WDMMEH; 00cv
02363WDMMEH; 00cv02364WDMMEH; 00cv02365WDMMEH; 00cv02366WDM
MEH; 00cv02367WDMMEH; 00cv02368WDMMEH; 00cv02369WDMMEH; 00cv
02370WDMMEH; 00cv02371WDMMEH; 00cv02372WDMMEH; 00cv02373WDM
MEH; 00cv02374WDMMEH; and 00cv02394WDMMEH.
Consistent with the law, I hereby recuse myself from service in all 15 of the lawsuits1
which have been consolidated under this lead case. I direct the Clerk of the Court to cause these
matters to be reassigned by random