Azubuko v. MA Comm Against Discrimination ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1313
CHUKWUMA E. AZUBUKO,
Plaintiff - Appellant,
versus
MASSACHUSETTS’ COMMISSION AGAINST
DISCRIMINATION,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CA-04-402-1)
Submitted: June 23, 2005 Decided: June 28, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Chukwuma E. Azubuko, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Chukwuma E. Azubuko appeals the district court’s order
denying his request that the district judge recuse himself. “We
review a trial judge’s decision on matters of recusal for abuse of
discretion.” United States v. Cherry, 330 F.3d 658, 665 (4th Cir.
2003). Having reviewed the record and materials before the court,
we conclude that the district court did not abuse its discretion in
denying the recusal motion and, therefore, we affirm the order.*
See Azubuko v. MA Comm’n Against Discrimination, No. CA-04-402-1
(E.D. Va. March 7, 2005). 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.
AFFIRMED
*
Azubuko failed to timely appeal the district court’s order
dismissing the complaint in this case without prejudice. In
addition, Azubuko specified in the notice of appeal his intention
to challenge only the recusal order. Therefore, we review only the
recusal issue. See Fed. R. App. P. 3(c)(1)(B) (the notice of
appeal must “designate the judgment, order, or part thereof being
appealed.”).
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