This is a direct appeal of the denial of a motion to recuse filed in the 159^th District Court of Angelina County, Cause No. CR-24878-A, styled Ex parte Kennith W. Lorentz.

Appellant asserts that Judge Paul E. White should have been recused or disqualified from presiding over his habeas case because the judge had a bias against the first claim raised in the habeas application in which appellant alleged that Judge White appointed his trial counsel in violation of a statute and local rule.

After reviewing the habeas application and the record of the proceedings, we have determined that this appeal is not properly before us. It is, therefore, dismissed.

Do not publish

Delivered: December 16, 2009