In Re: Momolu Sirleaf v.

U.S. Court of Appeals for the Fourth Circuit
In Re: Momolu Sirleaf v., 671 F. App'x 879 (4th Cir. 2016)
Gregory, Niemeyer, Per Curiam, Shedd

In Re: Momolu Sirleaf v.

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Petitioners petition for a writ of mandamus seeking an order directing the district court judge to recuse herself in their cases. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). The party seeking issuance of the writ must have no other adequate means to attain relief, and he bears the burden of showing that his right to the writ is clear and indisputable. See Moussaoui, 333 F.3d at 517; In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). We conclude that Petitioners fail to make the required showing.

Accordingly, we deny the petition for a writ of mandamus, as amended, and the pending motion. 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

Reference

Full Case Name
In RE: Momolu V.S. SIRLEAF; Eric L. Prosha; John King; Aaron Lewis; Peter Rosas; Ryan Sessoms; Ray Watson, Petitioners
Status
Unpublished