Opinion
No. 12348.
October 7, 1954.
Edward James Kenney, Jr., Benton Harbor, Mich., for petitioner.
No attorney for respondent.
Petitioner seeks a writ of mandamus to compel a district judge to disqualify himself under 28 U.S.C. § 144. Assuming that a writ might appropriately issue in such a case, the affidavit of bias filed by petitioner in this case was not sufficient in that it failed to show bias or prejudice personal to the district judge. Price v. Johnston, 9 Cir., 125 F.2d 806, 811; cf. Berger v. United States, 255 U.S. 22, 41 S.Ct. 230, 65 L.Ed. 481. The petition is therefore denied.