In Re: Godfrey L.C. Phelp

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999347050-2]; denying Motion to disqualify/recuse judge [999347367-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999355183-2] Originating case number: 1:13-cv-01648-JFM. Copies to all parties and the district court/agency. [999375349]. Mailed to: G. Phelps. [14-1416]

Appeal: 14-1416

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1416

In Re:

GODFREY L.C. PHELPS,
Petitioner.

On Petition for Writ of Mandamus.
(1:13-cv-01648-JFM)

Submitted:

June 10, 2014

Decided:

June 13, 2014

Before GREGORY, DIAZ, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Godfrey L.C. Phelps, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1416

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Filed: 06/13/2014

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PER CURIAM:
Godfrey L.C. Phelps has filed a petition for writ of
mandamus

seeking

an

order

directing

the

Judge Motz, as well as other relief.
drastic

remedy

circumstances.

and

should

be

used

removal

of

District

Mandamus relief is a
only

in

extraordinary

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.3d 135, 138 (4th Cir.
1988).

Because Phelps cannot show a clear right to the relief

he seeks, we deny his petition for writ of mandamus.

We also

deny Phelps’ motions to proceed in forma pauperis as well as his
motion for recusal.
facts

and

materials

legal
before

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
PETITION DENIED

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