In Re: Davage v. , 2 F. App'x 256 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7639
In Re: GERALD DAVID DAVAGE,
Petitioner.
On Petition for Writ of Mandamus. (CR-94-41-JFM)
Submitted: January 11, 2001 Decided: January 19, 2001
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gerald David Davage, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gerald David Davage, a Maryland inmate, filed a petition for
a writ of mandamus requesting that this court vacate orders entered
by the district court denying his 28 U.S.C.A. § 2255 (West Supp.
2000) motion and dismissing his independent action to set aside the
§ 2255 judgment on the ground that the district court judge was
biased against him. Davage also asks that the district court judge
recuse himself from any of Davage’s future actions. Because Davage
appears dissatisfied merely with the judge’s rulings in his cases
and has not established any extrajudicial bias, recusal is not
warranted. In re Beard, 811 F.2d 818, 827 (4th Cir. 1987) (holding
that nature of alleged bias must be personal and not arising out of
litigation). Finally, we decline to vacate the judge’s prior orders
because Davage appealed from those rulings, and we upheld them on
appeal. See In re United Steelworkers of Am., 595 F.2d 958, 960
(4th Cir. 1979) (noting that mandamus may not be used as substitute
for appeal). Although we grant Davage leave to proceed in forma
pauperis, we deny his petition for a writ of mandamus. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
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