In Re: Lathronea P. Gresham, Petitioner, 50 F.3d 6 (4th Cir. 1995)

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U.S. Court of Appeals for the Fourth Circuit - 50 F.3d 6 (4th Cir. 1995)

Submitted Jan. 19, 1995. Decided Feb. 23, 1995

Lathronea P. Gresham, petitioner pro se.

Before WILKINS and MICHAEL, Circuit Judges, and SPROUSE, Senior Circuit Judge.


Lathronea P. Gresham seeks a writ of mandamus ordering the disqualification of the magistrate judge presiding over Gresham's discrimination suit against her employer, Norfolk Southern Corporation, and her union, Transportation Communications International. Gresham claims that the magistrate judge has ruled in ways contrary to law, as is allegedly evidenced by two orders which Gresham has attached to her mandamus petition.

Disqualification is appropriate only where there is a reasonable basis to doubt a judge's impartiality. In re Beard, 811 F.2d 818, 827 (4th Cir. 1987). In the case at bar, the orders objected to were in no way prejudicial to Gresham. Finding no evidence of extrajudicial bias by the magistrate judge, People Helpers Found. v. City of Richmond, 12 F.3d 1321, 1325 (4th Cir. 1993), we deny Gresham's 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 significantly aid the decisional process.