In Re: Cornelius Tucker, Jr., Petitioner, 19 F.3d 12 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 19 F.3d 12 (4th Cir. 1994) Submitted: Feb. 17, 1994. Decided: March 16, 1994

Cornelius Tucker, Jr., petitioner pro se.

PETITION DENIED.

Before RUSSELL, MURNAGHAN, and WILLIAMS, Circuit Judges.

PER CURIAM:


Cornelius Tucker has filed a writ of mandamus seeking an order directing recusal of a magistrate judge and seeking to compel the filing of his complaint in district court. However, Tucker failed to demonstrate any extra-judicial bias. In re Beard, 811 F.2d 818, 827 (4th Cir. 1987). Further, his proper remedy is to appeal the order refusing to file his complaint. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Therefore, although we grant Tucker's motion to proceed in forma pauperis, we deny his petition for a writ of mandamus.*  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.

PETITION DENIED.

 *

We deny Petitioner's motion to remand

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