UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1325
In Re: CHARLES ROBERT BAREFOOT, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(5:05-cr-00166-BO-1)
Submitted: May 21, 2009 Decided: May 28, 2009
Before MOTZ, TRAXLER, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charles Robert Barefoot, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Robert Barefoot, Jr., petitions for a writ of
mandamus seeking an order directing that Judge Boyle be recused
from Barefoot’s criminal proceedings. We conclude Barefoot is
not entitled to mandamus relief.
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).
We note Barefoot failed to allege with any
particularity the extrajudicial bias necessary to warrant
recusal of any judge and is not entitled to the relief sought.
See Beard, 811 F.2d at 827.
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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