In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). The appropriate remedy for a party…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1442
MORTON M. LAPIDES, SR,
Plaintiff - Appellant,
versus
NATIONAL CITY BANK OF MINNEAPOLIS,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District Judge.
(CA-04-467-1-WDQ)
Submitted: June 10, 2004 Decided: June 17, 2004
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Morton M. Lapides, Sr., Appellant Pro Se. Gregory Alan Cross,
Charles Michael Campisi, VENABLE, L.L.P., Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Morton M. Lapides, Sr. appeals from the district court’s
denial of his petition for writ of mandamus, which sought an order
directing Chief Bankruptcy Judge Schnieder to act on a motion for
recusal. Mandamus is a drastic remedy and should only be used in
extraordinary situations. In re Beard, 811 F.2d 818, 826 (4th Cir.
1987). The appropriate remedy for a party aggrieved by a judgment
is appeal. A petition for writ of mandamus is not a substitute for
an appeal. In re Catawba Indians, 973 F.2d 1133, 1135 (4th Cir.
1992).
Because Lapides fails to establish a clear right to the
relief he seeks, he is not entitled to mandamus relief. Thus, we
affirm the district court’s order for the reasons stated by the
district court. Lapides v. National City Bank of Minneapolis, No.
CA-04-467-1-WDQ (D. Md. Mar. 8, 2004). Additionally, we affirm the
district court’s order denying reconsideration. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED

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