In Re: Franklin Smith v. , 686 F. App'x 158 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1020
In re: FRANKLIN C. SMITH,
Petitioner.
On Petition for Writ of Mandamus
Submitted: April 20, 2017 Decided: April 25, 2017
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Franklin C. Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin C. Smith petitions for a writ of mandamus compelling Charter One Bank
to recognize a power-of-attorney document and to allow Smith access to certain funds,
and he has filed a motion to recuse the judges of this court due to an alleged conflict of
interest arising from the disposition of a prior, unrelated appeal. With regard to the
mandamus petition, Smith presents no evidence that “there are no other adequate means
to attain the relief he desires,” such as an ordinary civil suit. See In re Braxton, 258 F.3d
250, 261 (4th Cir. 2001) (internal quotation marks omitted) (setting forth standard for
granting writ of mandamus). Furthermore, Smith has not identified any valid grounds for
recusal. See 28 U.S.C. § 455 (2012) (listing grounds for recusal).
Accordingly, we deny Smith’s motion to recuse and deny his 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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