Opinion
No. 18-2313
04-08-2019
In re: TIMOTHY ADAMS, a/k/a Smitt, a/k/a Rodney Clark, Petitioner.
Timothy Adams, Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus. (6:94-cr-00302-NCT-3) Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Timothy Adams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Timothy Adams petitions for a writ of mandamus seeking an order directing the district court to correct alleged inaccuracies in his presentence report. We conclude that Adams 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). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Adams is not available by way of mandamus. 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