In Re: Elisha Riggleman ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1652
In re: ELISHA RIGGLEMAN,
Petitioner.
On Petition for a Writ of Mandamus.
(5:11-cr-00124-a)
Submitted: July 19, 2012 Decided: July 23, 2012
Before DUNCAN, AGEE, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Elisha Riggleman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Elisha Riggleman petitions for a writ of mandamus
seeking an order directing that the Special Assistant United
States Attorney be recused. We conclude that Riggleman 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).
Riggleman has not shown any basis for the relief
sought. Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for writ of mandamus. We
also deny Riggleman’s motions for appointment of counsel and to
hold the discrict court proceedings in abeyance. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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