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In re Brett-Andrew

United States Court of Appeals, Fourth Circuit
Dec 22, 2021
No. 21-1944 (4th Cir. Dec. 22, 2021)

Opinion

21-1944

12-22-2021

In re: BRETT-ANDREW: HOUSE OF NELSON, Petitioner.

Brett-Andrew: House of Nelson, Petitioner Pro Se.


UNPUBLISHED

Submitted: December 21, 2021

On Petition for Writ of Mandamus. (1:21-cv-01292-MGL)

Brett-Andrew: House of Nelson, Petitioner Pro Se.

Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM.

Brett-Andrew: House of Nelson petitions for a writ of mandamus seeking an order directing the district court to confirm a purported arbitration award. We conclude that Nelson 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), and 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 Nelson 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 Brett-Andrew

United States Court of Appeals, Fourth Circuit
Dec 22, 2021
No. 21-1944 (4th Cir. Dec. 22, 2021)
Case details for

In re Brett-Andrew

Case Details

Full title:In re: BRETT-ANDREW: HOUSE OF NELSON, Petitioner.

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 22, 2021

Citations

No. 21-1944 (4th Cir. Dec. 22, 2021)