IN RE ROLDAN-ZAPATA

No. 980, Docket 89-3008.

872 F.2d 18 (1989)

In re Oscar ROLDAN-ZAPATA, Petitioner. UNITED STATES of America, Plaintiff, v. Oscar ROLDAN-ZAPATA, Pedro Osario-Serna and Eric Akiva, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 30, 1989.


Attorney(s) appearing for the Case

Anthony J. Scremin, Miami, Fla., submitted a brief, for petitioner.

Andrew J. Maloney, U.S. Atty., E.D.N.Y., John Gleeson, Peter R. Ginsberg, Asst. U.S. Attys., E.D.N.Y., Brooklyn, N.Y., submitted a brief, for plaintiff.

Before TIMBERS, MESKILL and NEWMAN, Circuit Judges.


PER CURIAM:

This is a petition for a writ of mandamus to review an order of the United States District Court for the Eastern District of New York, Costantino, J., denying a motion to recuse.

We place less significance than does Judge Newman in his dissent on the district judge's gratuitous remark, "I don't rec[]use myself from anything." We believe that the judge exercised discretion in deciding whether he should recuse himself in this matter.

Therefore...

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