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In re Becton

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 11, 2020
No. 20-1115 (4th Cir. Jun. 11, 2020)

Opinion

No. 20-1115

06-11-2020

In re: MARIE BECTON, Petitioner.

Marie Becton, Petitioner Pro Se.


UNPUBLISHED

On Petition for Writ of Mandamus. (5:17-cv-00336-D) Before NIEMEYER, DIAZ, and QUATTLEBAUM, Circuit Judges. Petition denied by unpublished per curiam opinion. Marie Becton, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Marie Becton petitions for a writ of mandamus seeking an order directing the Social Security Administration to pay her all the benefits she is purportedly owed, compensatory damages, attorney's fees, and costs. We conclude that Becton 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. Court, 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Mandamus relief is available only when the petitioner has a clear right to the relief sought and has no other adequate means to obtain the relief she desires. Murphy-Brown, 907 F.3d at 795. It is not a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).

The relief sought by Becton is not available by way of mandamus. Accordingly, 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


Summaries of

In re Becton

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 11, 2020
No. 20-1115 (4th Cir. Jun. 11, 2020)
Case details for

In re Becton

Case Details

Full title:In re: MARIE BECTON, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 11, 2020

Citations

No. 20-1115 (4th Cir. Jun. 11, 2020)