Ronald Graham, a Virginia prisoner, filed a mandamus petition seeking to recuse a U.S. Magistrate Judge from his current and future cases based on alleged bias. However, Graham provided only vague and conclusory claims of bias without evidence. The court denied the petition, noting that an order for recusal requires a showing of extrajudicial bias, which Graham did not make. Additionally, if Graham disagreed with case outcomes, his remedy was to appeal rather than seeking mandamus relief. Therefore, the court denied Graham's petition for mandamus.
Ronald Graham, a Virginia prisoner, filed a mandamus petition seeking to recuse a U.S. Magistrate Judge from his current and future cases based on alleged bias. However, Graham provided only vague and conclusory claims of bias without evidence. The court denied the petition, noting that an order for recusal requires a showing of extrajudicial bias, which Graham did not make. Additionally, if Graham disagreed with case outcomes, his remedy was to appeal rather than seeking mandamus relief. Therefore, the court denied Graham's petition for mandamus.
Ronald Graham, a Virginia prisoner, filed a mandamus petition seeking to recuse a U.S. Magistrate Judge from his current and future cases based on alleged bias. However, Graham provided only vague and conclusory claims of bias without evidence. The court denied the petition, noting that an order for recusal requires a showing of extrajudicial bias, which Graham did not make. Additionally, if Graham disagreed with case outcomes, his remedy was to appeal rather than seeking mandamus relief. Therefore, the court denied Graham's petition for mandamus.
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of
unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit. In Re: Ronald GRAHAM, Petitioner. No. 92-8087.
United States Court of Appeals,
Fourth Circuit. Submitted: November 30, 1992 Decided: December 29, 1992
On Petition for Writ of Mandamus.
Ronald Graham, Petitioner Pro Se. PETITION DENIED. Before WILKINS and NIEMEYER, Circuit Judges, and CHAPMAN, Senior Circuit Judge. PER CURIAM:
Ronald Graham, a Virginia prisoner, filed this mandamus petition seeking
recusal of a United States Magistrate Judge from Graham's current and future lawsuits and an order that another judge hear Graham's cases. Graham alleged, in vague and conclusory terms, that the magistrate judge was biased against him, but Graham offered nothing to support his allegations.
An order directing recusal of a judge will only be granted upon a showing of
extrajudicial bias. In re Beard, 811 F.2d 818, 826-27 (4th Cir. 1987). Graham has not made such a showing. Further, to the extent that Graham is displeased with the disposition of his actions, he may appeal. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979) (mandamus not a substitute for
appeal). Therefore, we deny Graham's petition for mandamus relief. Although
we grant leave to proceed in forma pauperis, we dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid the decisional process. PETITION DENIED
James Gregory Wallace v. William L. Smith, Warden, Maryland House of Correction Attorney General of The State of Maryland, 72 F.3d 128, 4th Cir. (1995)