In Re Oscar Roldan-Zapata, United States of America v. Oscar Roldan-Zapata, Pedro Osario-Serna and Eric Akiva

872 F.2d 18, 1989 U.S. App. LEXIS 4709

Opinions

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, the petition for a writ of mandamus, seeking recusal of the district judge from a pending criminal case, is denied.