UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6204
In Re: MICHAEL ALLEN KOKOSKI,
Petitioner.
On Petition for Writ of Mandamus.
(CA-01-944-5)
Submitted: March 24, 2005 Decided: April 4, 2005
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Michael Allen Kokoski, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Allen Kokoski petitions for writ of mandamus. He
seeks an order disqualifying a magistrate judge for the appearance
of prejudice.
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).
The relief sought by Kokoski 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. 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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