UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1579
In re: ROSARIO A. FIORANI, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(1:04-cv-03036-BEL)
Submitted: July 25, 2006 Decided: July 31, 2006
Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rosario A. Fiorani, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rosario A. Fiorani, Jr., has filed a petition for writ of
mandamus seeking this court to compel the district court judge to
recuse himself from proceedings in Fiorani’s civil case. Mandamus
relief is available only when the petitioner has a clear right to
the relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d
135, 138 (4th Cir. 1988). Further, mandamus is a drastic remedy
and should only be used in extraordinary circumstances. 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).
Fiorani has not made such a showing. Accordingly, while
we grant Fiorani’s motion for 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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