In Re: Don Boyd, No. 12-2124 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2124 In re: DON BOYD, Petitioner. On Petition for Writ of Mandamus. (3:12-cv-00334-JFA) Submitted: December 20, 2012 Decided: December 26, 2012 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Don Boyd, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Don Boyd petitions for a writ of mandamus, asking that this court compel the district judge and magistrate judge to recuse themselves Defendants. from his civil action against several Boyd has also moved to proceed in forma pauperis. We conclude that Boyd is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available (1976); (4th only clear right to the relief sought. Kerr the 2003). States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). used as a substitute for appeal. United United Cir. when v. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Boyd has not established that he is entitled to mandamus relief. Accordingly, although we grant Boyd s application to proceed in forma pauperis, we deny the mandamus petition. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2
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