Mangum v. Hargett

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. Wé hold that because the district judge did .not actually participate in the prior proceedings, 28 U.S.C. § 455 does not mandate recusal. In regard .to the ineffective assistance of counsel claim, we find that Mangum has…