REBECCA KOHLER
v.
GEICO GENERAL INSURANCE COMPANY
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A magistrate judge sua sponte recused himself from a case brought by Rebecca Kohler against GEICO General Insurance Company due to a financial interest in one of the parties, pursuant to 28 U.S.C. § 455(a). The case was reassigned to another judge by random draw.
The judge determined that recusal was warranted due to a financial interest in one of the parties, as required by 28 U.S.C. § 455(a). The case was reassigned to another magistrate judge by random draw.
“Under 28 U.S.C. § 455, a judge must disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Establishes the legal standard for judicial recusal
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This cause is before the Court sua sponte. Under 28 U.S.C. § 455, a judge must disqualify himself in any proceeding in which his impartiality might reasonably be questioned. See 28 U.S.C. § 455(a). And if the proper grounds do exist, a judge has an affirmative and self-enforcing obligation to remove himself from a case on his own accord. See United States v. Kelly, 888 F. 2d 732, 744 (11th Cir. 1989).
After careful review, the undersigned has determined that his recusal is warranted in this action due to a financial interest in one of the parties. See 28 U.S.C. § 455(a). Accordingly, the Clerk of Court is directed to reassign this case to another magistrate judge by random draw and to provide notice to the parties of the newly designated magistrate judge.
SO ORDERED in Tampa, Florida, this 3rd day of November 2025.
Christopher P. dib HONORABLE CHRISTOPHER P. TUITE United States Magistrate Judge
Copies to: Counsel of record