In re: Graham Schiff

USCA4 Appeal: 22-1813 Doc: 6 Filed: 10/24/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1813
In re: GRAHAM SCHIFF,
Petitioner.
On Petition for Writ of Mandamus. (1:22-cv-00542-GLR)
Submitted: October 19, 2022 Decided: October 24, 2022
Before NIEMEYER and AGEE, Circuit Judges, and MOTZ, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Graham Harry Schiff, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-1813 Doc: 6 Filed: 10/24/2022 Pg: 2 of 2
PER CURIAM:
Graham Harry Schiff petitions for a writ of mandamus seeking an order reopening
his suit that was dismissed in district court and removing the district court judge. We
conclude that Schiff is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown,
LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when
the petitioner has a clear right to the relief sought and “has no other adequate means to
attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795 (alteration and internal
quotation marks omitted). Mandamus may not be used as a substitute for appeal. In re
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Schiff is not available by way of mandamus. Accordingly, we
deny the petition for writ of mandamus. 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
2