UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1212
In Re: WILLIE J. ASBURY,
Petitioner.
On Petition for Writ of Mandamus.
(3:09-cv-02257-DCN-JRM)
Submitted: June 1, 2010 Decided: June 10, 2010
Before GREGORY, SHEDD, and KEENAN Circuit Judges.
Petition denied by unpublished per curiam opinion.
Willie J. Asbury, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie J. Asbury petitions for a writ of mandamus,
seeking an order for removal of a magistrate judge who issued a
report and recommendation in Asbury v. Driskell, No. 3:08-cv-
02671-DCN (D.S.C. filed July 28, 2008). We conclude that Asbury
is not entitled to the relief he seeks.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further,
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).
Here, Asbury offers nothing more than bald assertions
against the magistrate judge and displeasure with the outcome of
Asbury v. Driskell, a separate case wholly unrelated to the case
underlying the instant petition. Therefore, we conclude that
the relief Asbury seeks 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
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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