In Re: Don Boyd , 491 F. App'x 431 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2124
In re: DON BOYD,
Petitioner.
On Petition for Writ of Mandamus.
(3:12-cv-00334-JFA)
Submitted: December 20, 2012 Decided: December 26, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Don Boyd, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Don Boyd petitions for a writ of mandamus, asking that
this court compel the district judge and magistrate judge to
recuse themselves from his civil action against several
Defendants. Boyd has also moved to proceed in forma pauperis.
We conclude that Boyd is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further,
mandamus relief is available only when the petitioner has a
clear right to the relief sought. In re First Fed. Sav. & Loan
Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Mandamus may not be
used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). Boyd has not established
that he is entitled to mandamus relief.
Accordingly, although we grant Boyd’s application to
proceed in forma pauperis, we deny the mandamus petition. 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.
PETITION DENIED
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