UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7035
In Re: RONALD T. MASKO,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-41)
Submitted: July 17, 2003 Decided: August 18, 2003
Before LUTTIG, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ronald T. Masko, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ronald T. Masko, a federal inmate currently serving a 360-
month sentence, filed a petition for a writ of mandamus seeking
recusal of the district court judge. Mandamus is a drastic remedy
and should only be granted in those extraordinary situations when
no other remedy is available. In re Beard, 811 F.2d 818, 826 (4th
Cir. 1987). It is not a substitute for appeal. In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Masko fails to
demonstrate such extraordinary circumstances. Accordingly, we deny
leave to proceed in forma pauperis and deny his petition. We also
deny his motion to stay the district court’s review of his pending
motion to vacate, set aside, or correct his sentence pursuant to 28
U.S.C. § 2255 (2000). We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
PETITION DENIED
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