In re: Deafueh Monbo

21-1836Court of Appeals for the Fourth Circuit17.09.2021

Gesamter Gesetzestext

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1836
In re: DEAFUEH MONBO,
Petitioner.
On Petition for Writ of Mandamus. (1:21-cv-00004-CCB)
Submitted: September 14, 2021 Decided: September 17, 2021
Before THACKER and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Deafueh Monbo, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Deafueh Monbo petitions for a writ of mandamus seeking an order directing the
recusal of the district court judge presiding over her civil action. We conclude that Monbo
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 she desires.” Murphy-Brown, 907 F.3d at 795 (internal quotation marks
omitted). “A district judge’s refusal to disqualify h[er]self can be reviewed in this circuit
by way of a petition for a writ of mandamus.” In re Beard, 811 F.2d 818, 827 (4th Cir.
1987).
Monbo’s conclusory assertions of bias are based solely on the district judge’s
adverse rulings, which is insufficient to warrant the recusal of the district judge. See Belue
v. Leventhal, 640 F.3d 567, 573 (4th Cir. 2011). 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 of 2 --

Setzen Sie Ihre Recherche in ChatGPT oder Claude fort

Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.