CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
ORDER
This case, a declaratory judgment action related to several civil actions pending in this Court and the State Court of Chatham County, Georgia. See generally doc. 1. Because of a conflict arising from a related civil case, see Huffman v. The Davey Tree Expert Co., CV418-184 (S.D. Ga.), and to avoid any appearance of impropriety, I recuse.
Two federal statutes govern judicial disqualification due to conflict of interests. The first, 28 U.S.C. § 144, only applies when "a party . . . makes and files a timely and sufficient affidavit . . . ." Since no such affidavit has been filed, it does not apply here. The second, 28 U.S.C. § 455, "places a judge under a self-enforcing obligation to recuse himself where the proper legal grounds exist." United States v. Alabama, 828 F.2d 1532, 1540 (11th Cir. 1987), superseded by statute on other grounds as recognized by J.W. by and through Tammy Williams v. Birmingham Bd. of Ed., 904 F.3d 1248, 1254 (11th Cir. 2018). It is vital that litigants and the public see that the judicial process is fair and impartial. Accordingly, I will exercise my discretionary power to recuse in this case.
The Clerk is DIRECTED to forward a copy of this order to the assigned District Judge for reassignment.
SO ORDERED, this 2nd day of December, 2019.
/s/_________
CHRISTOPHER L. RAY
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA