Beruflich Dokumente
Kultur Dokumente
2d 146
Restoney Robinson filed this mandamus petition seeking recusal of the district
judge and an order directing the clerk of the district court to file his 42 U.S.C.
1983 (1988) complaint. Although we grant leave to proceed in forma pauperis,
we deny Robinson's petition for mandamus relief.
Robinson seeks recusal of the district judge, alleging that he is racially biased.
However, Robinson has not made the requisite showing of extrajudicial bias to
warrant recusal. Robinson's petition contains only conclusory allegations,
unsupported by facts. Moroever, we do not believe the judge's impartiality may
reasonably be questioned in this case. See In re Beard, 811 F.2d 818 (4th Cir.
1987).
To the extent that Robinson seeks an order directing the clerk to file his
complaint, our review of the pleadings and the district court's prior order
reveals that Robinson is not entitled to such relief because he has not complied
with the terms of the prefiling injunction. Further, a petition for writ of
mandamus may not be used as a substitute for appeal of the district court's
order. In re United Steelworkers of America, 595 F.2d 958, 960 (4th Cir. 1979).