In re: Graham Schiff

U.S. Court of Appeals for the Fourth Circuit

In re: Graham Schiff

Opinion

USCA4 Appeal: 22-1813 Doc: 6 Filed: 10/24/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1813

In re: GRAHAM SCHIFF,

Petitioner.

On Petition for Writ of Mandamus. (1:22-cv-00542-GLR)

Submitted: October 19, 2022 Decided: October 24, 2022

Before NIEMEYER and AGEE, Circuit Judges, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Graham Harry Schiff, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1813 Doc: 6 Filed: 10/24/2022 Pg: 2 of 2

PER CURIAM:

Graham Harry Schiff petitions for a writ of mandamus seeking an order reopening

his suit that was dismissed in district court and removing the district court judge. We

conclude that Schiff is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary

circumstances. Cheney v. U.S. Dist. Ct.,

542 U.S. 367, 380

(2004); In re Murphy-Brown,

LLC,

907 F.3d 788, 795

(4th Cir. 2018). Further, mandamus relief is available only when

the petitioner has a clear right to the relief sought and “has no other adequate means to

attain the relief [he] desires.” Murphy-Brown,

907 F.3d at 795

(alteration and internal

quotation marks omitted). Mandamus may not be used as a substitute for appeal. In re

Lockheed Martin Corp.,

503 F.3d 351, 353

(4th Cir. 2007).

The relief sought by Schiff 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 this court and

argument would not aid the decisional process.

PETITION DENIED

2

Reference

Status
Unpublished