Categories: Fourth Circuit Court of Appeals Opinions

IN RE FIORANI, 235 Fed.Appx. 108 (4th Cir. 2007)

In Re: Rosario A. FIORANI, Jr., Petitioner.

No. 07-6869.United States Court of Appeals, Fourth Circuit.Submitted: July 24, 2007.
Decided: August 1, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Petition for Writ of Mandamus. (1:98-cr-00340-JCC).

Rosario A. Fiorani, Jr., Petitioner Pro Se.

Page 109

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Rosario A. Fiorani, Jr., has filed a petition for writ of mandamus seeking an order from this court disqualifying the district court judge due to bias, compelling the district court to reverse his conviction, and awarding him damages. We conclude that Fiorani is not entitled to mandamus relief.

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). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725
(1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus may not be used as a substitute for appeal. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).

The relief sought by Fiorani is not available by way of mandamus. Accordingly, we deny the petition for writ of mandamus. 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.

PETITION DENIED.

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