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

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6813
JULIAN EDWARD ROCHESTER,
Petitioner - Appellant,
versus
J. STROM THURMOND, JR., US Attorney; JENNIFER
ALDRICH, US Attorney,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Henry M. Herlong, Jr., District
Judge. (CA-03-3373-2-20AJ)
Submitted: November 10, 2004 Decided: December 20, 2004
Before LUTTIG, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julian Edward Rochester, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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.2d 658, 665 (4th Cir. 2003).
- 2 -