Opinion
No. 20-1090
04-21-2020
Morris Edward Bridgers, Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus. (5:13-cr-00183-BO-3) Before GREGORY, Chief Judge, and WYNN and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Morris Edward Bridgers, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Morris Edward Bridgers petitions for a writ of mandamus seeking an order directing the district court to enforce specific performance of his plea agreement. We conclude that Bridgers 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). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. Murphy-Brown, 907 F.3d at 795.
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 Bridgers 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