In re: O'Hara v. ( 1996 )


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  •                            UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 95-8096
    In Re: TERRA O'HARA,
    Petitioner.
    On Petition for Writ of Mandamus.    (CA-93-180-5-CV)
    Submitted:   February 7, 1996         Decided:     February 28, 1996
    Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Terra O'Hara, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Terra O'Hara petitions this court for mandamus relief and re-
    quests in forma pauperis status. We deny in forma pauperis status
    and dismiss the petition.
    O'Hara requests first that the district court judge be re-
    quired to recuse himself. O'Hara has alleged only that the district
    court regularly rules against her and that she is dissatisfied with
    the speed of the district court's disposition of her several mo-
    tions in the case giving rise to this petition. O'Hara has alleged
    no extrajudicial bias that would merit such relief. In re Beard,
    
    811 F.2d 818
    , 827 (4th Cir. 1987). Thus, we will not order re-
    cusal.* O'Hara requests in the alternative that the district court
    be forced to act on a pending post-judgment motion. We find no
    undue delay in the district court's failure yet to dispose of the
    motion. Thus, we also will not order action on that motion.
    O'Hara's petition is without merit. Thus, we deny her request
    for in forma pauperis status and dismiss her petition. 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
    *
    O'Hara's separately-filed motion requesting disqualification
    of Judge Stamp is hereby denied on the same basis.
    2
    

Document Info

Docket Number: 95-8096

Filed Date: 2/28/1996

Precedential Status: Non-Precedential

Modified Date: 4/18/2021