IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60637
Summary Calendar
DARIES F. MITCHELL,
Plaintiff-Appellant,
versus
LORANCE LUMPKIN, Sheriff;
JAMES HOLDEN, Warden,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:89-CV-746-GR
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June 19, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Daries F. Mitchell, Mississippi prisoner No. 68075, appeals
the district court’s dismissal of his civil rights suit for
failure to prosecute, and he argues that the proceedings in the
district court violated principles of due process because he
received inadequate notice of trial. Mitchell also challenges
District Judge Russell’s decision to recuse himself from the
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-60637
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suit.
We hold that the proceedings in the district court did not
violate principles of due process. The district court did not
abuse its discretion by dismissing the suit after Mitchell
refused to proceed with the trial. Colle v. Brazos County, Tex.,
981 F.2d 237, 243 (5th Cir. 1993). Judge Russell’s decision to
recuse himself was not an abuse of discretion. United States v.
Jordan, 49 F.3d 152, 156 (5th Cir. 1995).
Mitchell argues on appeal that this court should investigate
a coverup involving stolen property and help Mitchell to recover
the property. These issues are outside the scope of the relief
Mitchell requested in the district court; because this is a court
of error, the court lacks jurisdiction to review these arguments.
28 U.S.C. §§ 1291, 1292.
Mitchell has moved this court for recusal of certain judges
from consideration of his appeal and to designate other judges as
members of the panel hearing the appeal. His motion is DENIED.
AFFIRMED; MOTION FOR RECUSAL AND TO DESIGNATE PANEL DENIED.