UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6973
In Re: CORNELIUS TUCKER, JR.,
Petitioner.
On Petition for Writ of Mandamus. (CR-02-235)
Submitted: July 24, 2003 Decided: August 25, 2003
Before MOTZ, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Cornelius Tucker, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Cornelius Tucker petitions for a writ of mandamus. He seeks
an order disqualifying the magistrate judge and district judge.
Mandamus relief is available only when the petitioner has a
clear right to the relief sought. See In re First Fed. Sav. & Loan
Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. See Kerr v. United States Dist. Court, 426 U.S.
394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Mandamus may not be used as a substitute for appeal. See In re
United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
We have reviewed the petition and conclude that Tucker does
not meet the standard for mandamus relief. Accordingly, although
we grant Tucker’s motion 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 the court and argument would not aid the
decisional process.
PETITION DENIED
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