IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 07cv00296EWNMEH
EMILY FORBES, and
ORDER OF RECUSAL
Entered by Michael E. Hegarty, United States Magistrate Judge.
Pursuant to 28 U.S.C. §455(a), a Magistrate Judge “shall disqualify himself in any
proceeding in which his impartiality might reasonably be questioned.” Because I am close friends
with Mark S. Pestal, counsel of record for the Defendants, I will recuse myself. See United States
v. Murphy, 768 F.2d 1518 (7th Cir. 1985) (if an objective observer reasonably could question the
ability of the judge to act with disinterest and aloofness based upon a friendship with the
prosecutor, recusal is appropriate). Consistent with this case law, I hereby recuse myself from
service in this matter. I direct the Clerk of the Court to cause this matter to be reassigned by
random draw to another Magistrate Judge.
DATED at Denver, Colorado, this 13th day of February, 2007.
BY THE COURT:
s/ Michael E. Hegarty
Michael E. Hegarty
United States Magistrate Judge
Case 1:07-cv-00296-EWN-MJW Document 7 Filed 02/13/2007 Page 1 of 1
McNeill v. Forbes et al