United States of America v. Jerry Davis

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6866
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRY DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., Senior
District Judge. (6:03-cr-01092-HMH-11)
Submitted: August 12, 2014 Decided: August 19, 2014
Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jerry Davis, Appellant Pro Se. Leesa Washington, Assistant
United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jerry Davis appeals the district court’s order denying
his motion for recusal. We have reviewed the record and,
recognizing that there is no pending action in the district
court, we conclude that the court did not abuse its discretion.
See United States v. Whorley, 550 F.3d 326, 339 (4th Cir. 2008)
(stating standard of review); see also United States v. Sciarra,
851 F.2d 621, 636 (3d Cir. 1988) (disqualification not called
for when movants have no pending action before the judge).
Accordingly, we affirm. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED

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