In re: Graham Schiff

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 28, 2025
• Docket: 25-1348
• Status: Unpublished

Opinion

USCA4 Appeal: 25-1348 Doc: 9 Filed: 04/28/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1348

In re: GRAHAM HARRY SCHIFF,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the District of Maryland, at Greenbelt. (8:20-cv-01144-PX)

Submitted: April 24, 2025 Decided: April 28, 2025

Before NIEMEYER and THACKER, Circuit Judges, and TRAXLER, 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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: 25-1348 Doc: 9 Filed: 04/28/2025 Pg: 2 of 2

PER CURIAM:

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

the district court to docket Schiff’s Fed. R. Civ. P. 60(b)(4) motion and directing the recusal

of all the judges in the District of Maryland. 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 (brackets and internal

quotation marks omitted). Our review of the record leads us to conclude that Schiff does

not have a clear right to the relief he seeks. See, e.g., In re Strickland, 87 F.4th 257, 261

(4th Cir. 2023) (denying mandamus relief when requested order “would invade the broad

discretion that is given to the district court to manage its docket” (brackets and internal

quotation marks omitted)).

Accordingly, we deny the petition for writ of mandamus. We deny Schiff’s motion

for initial hearing en banc, and we deny as moot his motion to expedite. 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