Opinion
21-1894
10-18-2021
In re: LAFAWN DEWAYNE BOBBITT, a/k/a Mandingo, a/k/a Dingo, Petitioner.
LaFawn Dewayne Bobbitt, Petitioner Pro Se.
UNPUBLISHED
Submitted: October 14, 2021
On Petition for Writ of Mandamus. (3:97-cr-00169-JAG-1)
LaFawn Dewayne Bobbitt, Petitioner Pro Se.
Before DIAZ and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
LaFawn Dewayne Bobbitt petitions for a writ of mandamus, seeking an order requiring the district court to "correct its order" denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). We conclude that Bobbitt 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 (alteration and internal quotation marks omitted). Notably, 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 Bobbitt seeks 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