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Cofield v. Graham, 94-1673 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1673 Visitors: 23
Filed: Oct. 21, 1994
Latest Update: Mar. 02, 2020
Summary: October 20, 1994 [NOT FOR PUBLICATION] UNITED STATES OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1673 JUAN M. COFIELD, ET AL., Appellants, v. HARRY GRAHAM, ET AL. Panzardi-Alvarez v. United ________________ ______ States, 879 F.2d 975, 984 n.7 (1st Cir.
USCA1 Opinion









October 20, 1994
[NOT FOR PUBLICATION]
UNITED STATES OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 94-1673

JUAN M. COFIELD, ET AL.,

Appellants,

v.

HARRY GRAHAM, ET AL.,

Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Patti B. Saris, U.S. District Judge]
___________________

____________________

Before

Cyr, Circuit Judge.
_____________
Bownes, Senior Circuit Judge, and
____________________
Stahl, Circuit Judge.
_____________

____________________

James E. Cofield Jr. and Juan M. Cofield on brief pro se.
____________________ _______________
Robert Owen Resnick, Cullen & Resnick on brief for appellees.
___________________ ________________


____________________


____________________





















Per Curiam. We have carefully reviewed the parties'
___________

briefs and the record on appeal. We conclude that the

district court correctly dismissed the bankruptcy appeal

essentially for the reasons stated in the district court

memorandum and order, In re Malmart Mortgage Co., 166 B.R.
___________________________

499 (D. Mass. 1994). We add that the district court's

failure to address in more particular detail the bankruptcy

court's order denying appellants' motion for recusal is of no

moment since appellants' complaint was completely based on

their unhappiness and disagreement with the bankruptcy

court's rulings. "[J]udicial rulings alone almost never

constitute valid basis for a bias or partiality motion."

Liteky v. United States, 114 S. Ct. 1147, 1157 (1994). And,
______ _____________

mistakes of law, even assuming there were any, are not, of

themselves, evidence of bias. Panzardi-Alvarez v. United
________________ ______

States, 879 F.2d 975, 984 n.7 (1st Cir. 1989), cert. denied,
______ ____________

493 U.S. 1082 (1990).

The facts and legal arguments are adequately presented

in the briefs and record and the decisional process would not

be significantly aided by oral argument. The request for

oral argument is, therefore, denied.
_______

Affirmed.
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Source:  CourtListener

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