Opinion
No. 18-2405
04-08-2019
In re: WILLIAM SCOTT DAVIS, JR., Petitioner.
William Scott Davis, Jr., Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus. (5:14-cr-00240-BR-1; 5:18-cv-00238-BR) Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. William Scott Davis, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
William Scott Davis, Jr., petitions for a writ of mandamus directing several district court judges to recuse themselves from various cases involving Davis. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. 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).
We have reviewed Davis' petition and conclude that he has not established the existence of extraordinary circumstances warranting mandamus relief. Davis' allegations fall far short of those necessary to warrant recusal, In re Beard, 811 F.2d 818, 827 (4th Cir. 1987), and mandamus may not be used as a substitute for appeal, In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Accordingly, although we grant leave to proceed in forma pauperis, 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