§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

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The district judge’s statements constitute a “rare and
extraordinary circumstance[]” justifying reassignment.
Krechman, 723 F.3d at 1112. The judge repeatedly made
clear that he would have substantial difficulty setting aside
his previous views of the case. Under these circumstances,
remand is not only “advisable,” Krechman, 723 F.3d at 1111,
but essential in order to preserve the appearance of justice.
Accordingly, we need not consider the third factor.
Krechman, 723 F.3d at 1102 (“The first two factors are
equally important and a finding of either is sufficient to
support reassignment on remand.”). Regardless whether
duplication of effort would be involved, we have no choice
but to send the case to a judge whose designation would
appear to be consistent with the interests of justice.28 Lastly,
we hold that this case must be reassigned to a district judge

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