UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1347
IN RE: JAMES SPENCER,
Petitioner.
On Petition for Writ of Mandamus.
(4:02-cv-01859-RBH)
Submitted: April 23, 2014 Decided: April 28, 2014
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James Spencer, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Spencer petitions for a writ of mandamus seeking
an order compelling the district court judge to recuse himself
from Spencer’s closed 42 U.S.C. § 1983 (2012) action. In
October 2013, Spencer filed in the district court a motion to
disqualify the district court judge. The district court has not
yet acted upon that motion. While a district court judge’s
refusal to disqualify himself can be reviewed in this circuit by
way of mandamus, see In re Beard, 811 F.2d 818, 827 (4th Cir.
1987), the district court here has not thus far refused
disqualification. We therefore conclude that Spencer is not
entitled to mandamus relief.
To the extent that Spencer’s mandamus petition may be
construed to challenge the district court’s delay in ruling on
his disqualification motion, we find the present record does not
reveal undue delay in the district court. Accordingly, we grant
leave to proceed in forma pauperis and deny the mandamus
petition without prejudice. We also deny Spencer’s motion to
strike a letter from this court’s docket. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED
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