USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 99-1215



                   IN RE: YAMIL H. KOURI-PEREZ,



                           Petitioner.









         PETITION FROM THE UNITED STATES DISTRICT COURT

                                

FOR THE DISTRICT OF PUERTO RICO 

                                

         [Hon. Jose Antonio Fuste, U.S. District Judge]

                                

                                





                             Before

                                

                      Selya, Circuit Judge,

                 Coffin, Senior Circuit Judge,

                 and Cyr, Senior Circuit Judge.

                                

                                





     Benny Frankie Cerezo and Law Offices Benny Frankie Cerezo on

Petition for Writ of Mandamus for petitioner.









February 26, 1999







                                

                                















            Per Curiam.  Upon careful review of the petition for

    mandamus and the urgent motion for stay, we are not persuaded

    to grant the extraordinary writ.  Petitioner does not have a

    "clear and indisputable" entitlement to relief, and we do not

    find that equitable factors or risk of irreparable harm weigh

    in his favor.  See In re Martinez-Catala, 129 F.3d 213, 217-18

    (1st Cir. 1997).  

              Specifically, in the context of this mandamus review,

    we cannot say that the judge was required to recuse.  We would

    reach the same conclusion whether applying the standard of 28

    U.S.C.  144 actually invoked by petitioner, or applying the

    standards of 28 U.S.C.  455(a) and 455(b)(1) additionally

    mentioned by the district court.  Taking petitioner's averments

    as true, and considering any extrajudicial circumstances along

    with the events of the instant case, still we cannot say that

    petitioner made a clear and indisputable showing of personal

    bias or prejudice, nor did he raise a reasonable question as to

    the judge's impartiality.  

              The petition for writ of mandamus is denied.  The

    motion for stay is moot.

    

    

    

    

    

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