Filed: Oct. 22, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1801 In re: RAYMOND BULLETTE, III, a/k/a Scrap, Petitioner. On Petition for Writ of Mandamus. (8:13-cr-00525-RWT-3) Submitted: October 18, 2018 Decided: October 22, 2018 Before GREGORY, Chief Judge, KEENAN, Circuit Judge, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Raymond Bullette, III, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1801 In re: RAYMOND BULLETTE, III, a/k/a Scrap, Petitioner. On Petition for Writ of Mandamus. (8:13-cr-00525-RWT-3) Submitted: October 18, 2018 Decided: October 22, 2018 Before GREGORY, Chief Judge, KEENAN, Circuit Judge, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Raymond Bullette, III, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1801
In re: RAYMOND BULLETTE, III, a/k/a Scrap,
Petitioner.
On Petition for Writ of Mandamus. (8:13-cr-00525-RWT-3)
Submitted: October 18, 2018 Decided: October 22, 2018
Before GREGORY, Chief Judge, KEENAN, Circuit Judge, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Raymond Bullette, III, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Raymond Bullette, III, petitions for a writ of mandamus, seeking an order
directing the district court to effectively manage its calendar and to timely reply to the
pleadings related to his 28 U.S.C. § 2255 (2012) motion. He seeks an order from this
court directing the district court to act. We find the present record does not reveal undue
delay in the district court.
Bullette also seeks an order directing the district court to compel the Government
to serve him with certain documents and to sanction the Government for failing to serve
the documents. 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). The district court has denied
Bullette’s motion to compel service, and mandamus may not be used as a substitute for
appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007).
Finally, Bullette seeks an order directing the recusal of the presiding district judge.
Although mandamus is a proper avenue to seek judicial recusal, In re Beard,
811 F.2d
818, 827 (4th Cir. 1987), Bullette has not identified a proper ground for recusal, Liteky v.
United States,
510 U.S. 540, 555 (1994).
Accordingly, although we grant leave to proceed in forma pauperis, we deny
Bullette’s mandamus petition. 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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