Rochester v. Thurmond

U.S. Court of Appeals for the Fourth Circuit December 20, 2004

Rochester v. Thurmond, 115 F. App'x 174 (4th Cir. 2004)

Opinion

PER CURIAM:

Julian Edward Rochester appeals the district court’s order accepting the recommendation of the magistrate judge denying Rochester’s petition for writ of mandamus. We have reviewed the record and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and dismiss on the reasoning of the district court. See Rochester v. Thurmond, No. CA-03-3373-2-20AJ (D.S.C. Apr. 19, 2004). * 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.

DISMISSED

The district court did not address Rochester’s demand for the recusal of certain judges. Our review of the record discloses that Rochester failed to make the requisite showing of impartiality, and denial of mandamus relief on this point was also appropriate. See United States v. Cherry, 330 F.3d 658, 665 (4th Cir. 2003).

Reference

Full Case Name: Julian Edward ROCHESTER, Petitioner-Appellant, v. J. Strom THURMOND, Jr., U.S. Attorney; Jennifer Aldrich, U.S. Attorney, Respondents-Appellees
Status: Unpublished