Deborah Ferruccio v. Tare Davis

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 31, 2024
• Docket: 23-1658
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1658 Doc: 17 Filed: 07/31/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1658

DEBORAH FERRUCCIO,

Plaintiff - Appellant,

v.

TARE DAVIS, in his official capacity as Chairperson, Warren County Board of Commissioners; WARREN COUNTY, NC,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:19-cv-00346-BO)

Submitted: June 25, 2024 Decided: July 31, 2024

Before THACKER and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Deborah Ferruccio, Appellant Pro Se. Brian Florencio Castro, Raleigh, North Carolina, James R. Morgan, Jr., WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1658 Doc: 17 Filed: 07/31/2024 Pg: 2 of 2

PER CURIAM:

Deborah Ferruccio appeals the district court’s order granting summary judgment to

Defendants on her 42 U.S.C. § 1983 complaint challenging a 2011 ordinance that regulates

noise levels in Warren County, North Carolina. We have reviewed the record and find no

reversible error in the district court’s assessment of the merits of her due process and equal

protection claims.

Ferruccio also asserts that the district court judge was biased against her. A judge

should recuse himself “in any proceeding in which his impartiality might be questioned”

or if “he has a personal bias or prejudice concerning a party.” 28 U.S.C. § 455(a), (b)(1).

Because Ferruccio did not seek disqualification of the district court judge below, her claim

is not preserved for appellate review absent extraordinary or exceptional circumstances.

See Flame S.A. v. Freight Bulk Pte. Ltd, 807 F.3d 572, 592 (4th Cir. 2015). Ferruccio has

not demonstrated any such circumstances. See Belue v. Leventhal, 640 F.3d 567, 573 (4th

Cir. 2011) (noting judicial rulings “almost never” constitute valid basis for disqualification

of judge).

Accordingly, we affirm the district court’s order. Ferruccio v. Davis, No. 5:19-cv-

00346-BO (E.D.N.C. Jun. 9, 2023). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before this court and argument

would not aid the decisional process.

AFFIRMED