Whitfield v. Gateway Services Community Development District

United States District Court for the Middle District of Florida

Whitfield v. Gateway Services Community Development District

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

MICHAEL WHITFIELD,

Plaintiff,

v. Case No.: 2:22-cv-719-SPC-NPM

GATEWAY SERVICES COMMUNITY DEVELOPMENT DISTRICT,

Defendant.

/ ORDER1 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 the undersigned has personal link to a named party, disqualification may be required. See

28 U.S.C. § 455

(b). So to avoid any possible appearance of partiality or impropriety, the Court must recuse from

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. this action. 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 December 14, 2022.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record

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