Opinion
22-2214
12-13-2022
In re: PAUL BOYNE, Petitioner.
Paul A. Boyne, Petitioner Pro Se.
UNPUBLISHED
Submitted: November 30, 2022
On Petition for Writ of Mandamus. (1:22-cv-00905-MSN-WEF; 1:22-cv-01021-MSN-WEF; 1:22-cv-01182-MSN-WEF; 1:22-cv-01183-MSN-WEF)
Paul A. Boyne, Petitioner Pro Se.
Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit. 1
PER CURIAM
Paul Boyne petitions for a writ of mandamus from this court. In his mandamus petition, Boyne asks that this court (1) direct District Court Judge Michael Stefan Nachmanoff to allow Boyne to prosecute his federal civil rights actions without prepayment of fees; and (2) disqualify Judge Nachmanoff from overseeing Boyne's actions.
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 (cleaned up).
We have reviewed Boyne's petition and conclude that Boyne has not made the requisite showing. Accordingly, we deny mandamus relief. We also deny Boyne's motion to disqualify. See In re Beard, 811 F.2d 818, 826-27 (4th Cir. 1987). 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