In re: Godfrey L.c. Phelps

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Godfrey L.C. Phelps has filed a petition for writ of
mandamus seeking an order directing the removal of District
Judge Motz, as well as other relief. Mandamus relief is a
drastic remedy and should be used only in extraordinary
circumstances. 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. 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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