Kirby Amlee, No. 09-2015 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2015 In Re: KIRBY LOREN AMLEE, Petitioner. On Petition for Writ of Mandamus. (1:09-cv-00550-NCT-DPD; 1:06-cr-00376-NCT-1; 1:06-cr-00424-NCT-1) Submitted: December 17, 2009 Decided: December 23, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Kirby Loren Amlee, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kirby Loren Amlee has filed a petition for writ of mandamus seeking an order district court judge. from this court disqualifying the We conclude that Amlee is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Cir. Ass n, mandamus is 860 a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and should 1988). Further, only used be in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). appeal. Mandamus may not be used as a substitute for In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Amlee is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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