Delucchi et al v. 21st Century Oncology

Filing 12

ORDER of recusal. Magistrate Judge Carol Mirando recused. This case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Carol Mirando on 9/19/2016. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
VENETA DELUCCHI and BRADLEY
BERNIUS, individually and on behalf
of all others similarly situated
Plaintiffs,
v.

Case No: 2:16-cv-695-FtM-99CM

21ST CENTURY ONCOLOGY
HOLDINGS, INC.,
Defendant.
ORDER
This matter comes before the Court upon sua sponte review of the docket.
Pursuant to 28 U.S.C. §455(a), “[a]ny justice, judge, or magistrate judge of the United
States shall disqualify himself in any proceeding in which his impartiality might
reasonably be questioned.” Importantly, “the benefit of the doubt must be resolved
in favor of recusal.” Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001).

ACCORDINGLY, it is hereby
ORDERED:
The Honorable Carol Mirando is hereby RECUSED from the instant case.
DONE and ORDERED in Fort Myers, Florida on this 19th day of September,
2016.

Copies:
Counsel of record

-2-