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Tameka Foster was denied a retrial in her child custody battle with her ex-husband and superstar entertainer, Usher, TMZ reports.

But, according to the entertainment new site, Foster is not giving up. She plans to appeal the judge’s ruling.

Foster filed documents earlier this month appealing a ruling that granted Usher primary custody because she felt the judge was biased because she received campaign money from Usher’s lawyer.

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But this week, the same judge denied her retrial request, pointing out that, since 2008, it has been public knowledge that Usher’s lawyer donated money to her re-election campaign. The judge add that, had Foster checked, she would learned of this long before she filed her motion.