In re Green — Fourth Circuit denied mandamus petitions seeking a judge’s recusal

Case
In re: Troy J. Green, individually and as Administrator of the Estate of Catherine Ann Lyon
Court
U.S. Court of Appeals for the Fourth Circuit
Judge
Harris; Richardson; Rushing
Date Decided
October 5, 2026
Docket No.
26-1801; 26-1802; 26-1803
Topics
Mandamus; Judicial Recusal; Civil Procedure
Source
Read the full opinion

Background

Troy J. Green petitioned the Fourth Circuit for a writ of mandamus directing U.S. District Judge Gina M. Groh to recuse herself from his pending lawsuit, Green v. Skinner-Prinz, in the Northern District of West Virginia.

Because Green’s petition identified three district-court lawsuits, the Fourth Circuit opened three mandamus proceedings and consolidated them. Two of the identified lawsuits had already been dismissed, and Green had appealed those dismissal orders.

The Court’s Holding

The Fourth Circuit denied the mandamus petitions. Although a district judge’s refusal to disqualify herself may be reviewed through mandamus, the remedy is reserved for extraordinary circumstances and requires both a clear and indisputable right to relief and the absence of another adequate means to obtain it.

After considering Green’s grounds for recusal, the court concluded that he had not established a clear and indisputable right to Judge Groh’s disqualification. As to the two dismissed cases, Green could raise recusal in his pending appeals and therefore had another adequate remedy. The court also denied as moot his request to stay the district-court litigation and denied his motion to file separate briefs in the consolidated proceedings.

Key Takeaways

  • Mandamus may be used to seek review of a federal district judge’s refusal to recuse, but only under demanding standards.
  • Green failed to demonstrate a clear and indisputable right to Judge Groh’s recusal.
  • A pending direct appeal provided an adequate alternative means to raise recusal concerning the two dismissed lawsuits.

Why It Matters

The decision underscores that mandamus is not a substitute for ordinary appellate review. A litigant seeking immediate recusal through mandamus must establish a definite entitlement to disqualification and show that no adequate alternative remedy exists.

The opinion is unpublished and therefore is not binding precedent in the Fourth Circuit.

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