In re: Stephane Wantou Siantou ( 2022 )


Menu:
  • USCA4 Appeal: 22-1747      Doc: 16         Filed: 08/09/2022    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 22-1747
    In re: STEPHANE J. WANTOU SIANTOU,
    Petitioner.
    On Petition for Writ of Mandamus. (8:17-cv-00543-PWG)
    Submitted: July 28, 2022                                          Decided: August 9, 2022
    Before DIAZ, HARRIS, and QUATTLEBAUM, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Stephane J. Wantou Siantou, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 22-1747         Doc: 16        Filed: 08/09/2022    Pg: 2 of 2
    PER CURIAM:
    Stephane J. Wantou Siantou filed a petition for a writ of mandamus alleging that the
    district court has exhibited bias and abused its discretion in exercising jurisdiction over a
    motion for attorney’s fees. We deny the petition.
    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 (cleaned up). “A district
    judge’s refusal to disqualify himself 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). And a petitioner
    may challenge an “unlawful exercise of jurisdiction” by way of mandamus. In re Lowe,
    
    102 F.3d 731
    , 733 (4th Cir. 1996).
    Having reviewed the record, we conclude that Wantou is not entitled to mandamus
    relief. Therefore, we deny his mandamus petition and his motion for a stay of the district
    court proceedings. 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