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325 F. App'x 255

In Re: Barefoot v.

U.S. Courts of Appeals

Decided May 28, 2009

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U.S. Courts of Appeals · decided 2009-05-28

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · In Re First Federal Savings And Loan Association Of Durham · In Re Diana R Beard et Als

Decided 2009-05-28

PER CURIAM:

¶1 Charles Robert Barefoot, Jr., petitions for a writ of mandamus seeking an order directing that Judge Boyle be recused from Barefoot’s criminal proceedings. We conclude Barefoot is not entitled to mandamus relief.

¶2 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).

¶3 We note Barefoot failed to allege with any particularity the extrajudicial bias necessary to warrant recusal of any judge and is not entitled to the relief sought. See Beard, 811 F.2d at 827.

¶4 Accordingly, although we grant leave to proceed in forma pauperis, 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.

¶5 PETITION DENIED.

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