MANGUM v. HARGETT

No. 94-60426.

67 F.3d 80 (1995)

Gerald MANGUM, Petitioner-Appellant, v. Edward HARGETT, Superintendent, Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 1995.


Attorney(s) appearing for the Case

Gerald Mangum, Parchman, MS, pro se.

Jo Anne M. McLeod, Asst. Atty. Gen., Mike Moore, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., Jackson, MS, for appellee.

Before JOLLY and BENAVIDES, Circuit Judges, and SHAW, District Judge.


BENAVIDES, Circuit Judge.

Gerald Mangum, a Mississippi state prisoner, appeals the denial of his petition for writ of habeas corpus. 28 U.S.C. § 2254. Mangum argues that the district judge erred in failing to recuse himself because the judge was a member of the prosecution staff at the time Mangum pleaded guilty in state court and that counsel rendered ineffective assistance. We hold that because the district judge did not actually participate in the prior proceedings...

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