In re: Howell Woltz

Filing 920090526

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2307 In Re: HOWELL W. WOLTZ, Petitioner. On Petition for Writ of Mandamus. (3:08-cv-00438-WEB) Submitted: May 21, 2009 Decided: May 26, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Howell W. Woltz, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Howell W. Woltz petitions for a writ of mandamus seeking an order removing the district court judge from his case due to alleged bias. mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. & Loan Ass'n, is a 860 F.2d 135, 138 (4th In re First Fed. Sav. Cir. 1988). only be Further, used in We conclude that Woltz is not entitled to mandamus drastic remedy and should extraordinary circumstances. 426 U.S. 394, 402 (1976); Kerr v. United States Dist. Court, In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). the relief Woltz fails to demonstrate a clear right to Accordingly, we deny Woltz's motion to sought. proceed in forma pauperis and dismiss the petition for writ of mandamus. legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. PETITION DISMISSED 2

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