Davis v. Florida Cancer Specialists & Research Institute, LLC

United States District Court for the Middle District of Florida

Davis v. Florida Cancer Specialists & Research Institute, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

CIJI T DAVIS,

Plaintiff,

v. Case No.: 2:24-cv-792-SPC-NPM

FLORIDA CANCER SPECIALISTS & RESEARCH INSTITUTE, LLC,

Defendant. / OPINION AND ORDER 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 Court’s immediate family member actively uses a doctor associated with Florida Cancer Specialists & Research Institute, LLC, a named Defendant, disqualification may be required. See

28 U.S.C. § 455

(b). To avoid even the appearance of partiality or impropriety, the Court finds she must recuse herself. 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 September 38, 2024.

, Lh platralh< 3 UNITED STATES DISTRICTJUDGE

Copies: All Parties of Record

Reference

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