UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2405
In re: WILLIAM SCOTT DAVIS, JR.,
Petitioner.
On Petition for Writ of Mandamus. (5:14-cr-00240-BR-1; 5:18-cv-00238-BR)
Submitted: April 4, 2019 Decided: April 8, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
William Scott Davis, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Scott Davis, Jr., petitions for a writ of mandamus directing several district
court judges to recuse themselves from various cases involving Davis. 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).
We have reviewed Davis’ petition and conclude that he has not established the
existence of extraordinary circumstances warranting mandamus relief. Davis’ allegations
fall far short of those necessary to warrant recusal, In re Beard, 811 F.2d 818, 827 (4th
Cir. 1987), and mandamus may not be used as a substitute for appeal, In re Lockheed
Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). 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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