UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-2457
In re: JEFFREY A. MARTINOVICH,
Petitioner.
On Petition for Writ of Mandamus.
(4:12-cr-00101-AWA-RJK-1; 4:15-cr-00050-AWA-LRL-1)
Submitted: March 30, 2018 Decided: April 6, 2018
Before DUNCAN, WYNN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jeffrey A. Martinovich, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jeffrey A. Martinovich petitions for a writ of mandamus seeking an order to
disqualify the district court judge presiding over his 28 U.S.C. § 2255 (2012) motion.
We conclude that Martinovich is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Kerr v. U.S. 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). Martinovich’s allegations do not meet
these standards.
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 this court and argument
would not aid the decisional process.
PETITION DENIED
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