Delucchi et al v. 21st Century Oncology

Middle District of Florida, flmd-8:2016-cv-03151

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)

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PageID 105 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). PageID 106 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-