Deborah Ferruccio v. Tare Davis

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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