In re: Gary Warren Hancock, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1733
In re: GARY WARREN HANCOCK, JR.,
Petitioner.
On Petitions for Writ of Mandamus.
(8:13-cr-00274-RWT-1)
Submitted: September 23, 2014 Decided: September 25, 2014
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Gary Warren Hancock, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gary Warren Hancock, Jr., petitions for a writ of
mandamus seeking an order directing the recusal of the district
court judge and a change of venue. We conclude that Hancock is
not entitled to mandamus 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.2d 135, 138 (4th Cir. 1988), and when there are no
other means by which the relief sought could be granted. In re
Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petitions for writ of mandamus. 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.
PETITIONS DENIED

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