In re: Robert Neil Sampson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1362
In re: ROBERT NEIL SAMPSON,
Petitioner.
On Petition for Writ of Mandamus. (8:13-cr-00357-RWT-1)
Submitted: August 14, 2018 Decided: August 21, 2018
Before TRAXLER, AGEE, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert Neil Sampson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Neil Sampson petitions for a writ of mandamus seeking an order
disqualifying the district court judge presiding over his 28 U.S.C. § 2255 (2012) motion.
We conclude that Sampson is not entitled to mandamus relief.
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 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, 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). Sampson’s allegations do not meet these
standards.
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 this court and argument
would not aid the decisional process.
PETITION DENIED

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