Eastern District Judge Jack Weinstein (See Profile) has recused himself sua sponte from a pro se discrimination case, saying his intercession on behalf of the plaintiff could give the appearance that he was not impartial.

During a hearing earlier this month on the dismissal motion filed by restaurant chain Cosi in Aikiam Floyd's racial discrimination case, Weinstein said he asked “leading questions” that prompted Floyd to give testimony showing his claim was not time-barred.

While recusing himself in Floyd v. Cosi, 14-cv-3772, Weinstein denied Cosi summary judgment but gave it permission to renew the motion before another judge, after discovery was conducted “under close supervision of the magistrate judge.”