In re: James Roudabush, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed denying Motion for writ of mandamus (FRAP 21) [999869299-2]. Originating case number: Copies to all parties and the district court. [999918660]. Mailed to: James Roudabush, Jr. [16-1715]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1715

In re: JAMES LESTER ROUDABUSH, JR.,
Petitioner.

On Petition for Writ of Mandamus

Submitted:

August 25, 2016

Decided:

August 29, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

James Lester Roudabush, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James
mandamus,

Lester
seeking

Roudabush,
an

order

Jr.,
from

petitions
this

for

court

a

writ

directing

of
the

Secretary to the Fourth Circuit Judicial Council to rescind an
order

prohibiting

Roudabush’s

filing

of

judicial

complaints

under 28 U.S.C. § 351 (2012) without first obtaining leave of
the Chief Judge and the Clerk of this court to file all papers
Roudabush

submits

to

the

court

pursuant

to

that

statute.

We conclude that Roudabush 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).
substitute for appeal.

Mandamus may not be used as a

In re Lockheed Martin Corp., 503 F.3d

351, 353 (4th Cir. 2007).

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).
The relief sought by Roudabush is not available by way of
mandamus because Roudabush fails to establish any clear right to
relief from this court in the form of an order directing the
rescission of a Judicial Council order and that the Clerk of
this

court

file

28 U.S.C. § 351.

all

papers

Roudabush

submits

pursuant

to

Accordingly, we deny the petition for a writ
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of mandamus.

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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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