UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4642
In Re: JOHN A. WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus.
(CR-02-535)
Submitted: August 25, 2005 Decided: August 31, 2005
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
John A. Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John A. Williams has filed a petition for writ of
mandamus seeking this court to compel the district court to recuse
itself from further proceedings relative to his criminal trial.
Mandamus is a drastic remedy, only to be granted in extraordinary
circumstances. See In re Beard, 811 F.2d 818, 826 (4th Cir. 1987)
(citing Kerr v. United States Dist. Court, 426 U.S. 394 (1976)).
The party seeking mandamus relief has the heavy burden of showing
that he has no other adequate avenues of relief and that his right
to the relief sought is "clear and indisputable." Mallard v.
United States Dist. Court, 490 U.S. 296, 309 (1989) (quoting
Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 384 (1953));
Beard, 811 F.2d at 826. Courts are extremely reluctant to grant a
writ of mandamus, and the decision is within the discretion of the
court addressing the application for the writ. Beard, 811 F.2d at
827 (citations omitted).
We find that Williams has not met his burden of proof
such that mandamus is the proper remedy in this situation.
Mandamus is not a substitute for appeal, In re United Steelworkers,
595 F.2d 958, 960 (4th Cir. 1979), and Williams’ right to relief by
way of mandamus is not clear. See Mallard, 490 U.S. at 309; In re
First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988).
Accordingly, while we grant Williams leave to proceed in forma
pauperis, we deny his request for mandamus. We dispense with oral
- 2 -
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
- 3 -