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Court Case Record JONNATHAN MOLINA vs. MELANIE BINDMAN 2013-J-0246 UID(9d78)


JONNATHAN MOLINA vs. MELANIE BINDMAN Court Case Record

Court Case Number: 2013-J-0246


 
Case Number2013-J-0246
Case TitleJONNATHAN MOLINA vs. MELANIE BINDMAN
Case TypeCivil
StateMassachusetts, MA
CountyWorcester Probate & Fam
CourtWorcester Probate & Fam
Court Address
Phone
Field Date06/19/2013
Close Date06/20/2013

Parties

CounselNameType
Jonnathan MolinaPro Se Plaintiff/Respondent
Jeffrey Sakol, EsquireMelanie BindmanDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
06/19/2013 #1 Affidavit of indigency, filed by Melanie Bindman.
06/19/2013 #2 RE#1 Treating the within as a motion to waive, ALLOWED FORTHWITH. The appellant's Affidavit of Indigency appears regular and complete on its face, and indicates that the appellant is indigent. The court hereby allows the Motion to Waive entry fee. Notice sent.
06/19/2013 #3 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Melanie Bindman.
06/19/2013 #4 Memo: Recording of lower court proceeding received on CD.
06/19/2013 Copy of trial court docket, received from Jeffrey Sakol by fax.^
06/20/2013 ORDER: In light of the findings and conclusions of the single justice concerning a previous matter in which petitioner appeared before the motion judge, No. 13-J-142, under the second, objective prong of the test for recusal, the judge's impartiality in this matter might reasonably be questioned, see Lena v. Commonwealth, 369 Mass. 571, 575 (1976), and her determination not to recuse herself was beyond the scope of her discretion. Commonwealth v. Vasquez, 462 Mass. 827, 840 (2012) (articulating the standard of review). The order in this matter (WO13W0484WD, June 4, 2013) denying petitioner's motion for recusal is therefore reversed, and the case is remanded to the Probate and Family Court for reassignment to a different judge. (Rubin, J.) *Notice/Attest/DiLeo, J.