In re: Howell Woltz, No. 08-2307 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2307 In Re: HOWELL W. WOLTZ, Petitioner. On Petition for Writ of Mandamus. Submitted: May 21, 2009 (3:08-cv-00438-WEB) Decided: May 26, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Howell W. Woltz, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Howell W. Woltz petitions for a writ of mandamus seeking an order removing the district court judge from his case due to alleged bias. We conclude that Woltz is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. & Loan Ass n, mandamus is 860 a F.2d drastic 135, 138 remedy (4th and In re First Fed. Sav. Cir. should 1988). only Further, be used in extraordinary circumstances. Kerr v. United States Dist. Court, 426 In U.S. 394, 402 (4th Cir. 1987). the relief (1976); re Beard, 811 F.2d 818, 826 Woltz fails to demonstrate a clear right to sought. Accordingly, we deny Woltz s motion to proceed in forma pauperis and dismiss the petition for writ of mandamus. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DISMISSED 2

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