In re: Howell Woltz

Filing 920090526

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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