Opinion
No. 20-1456
11-03-2020
In re: ROBERTO ANTOINE DARDEN, a/k/a Dizz-e, a/k/a Javon, Petitioner.
Roberto Antoine Darden, Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus. (4:11-cr-00052-AWA-LRL-1) Before WILKINSON, DIAZ, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Roberto Antoine Darden, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Roberto Antoine Darden petitions for a writ of mandamus seeking an order directing the district court to unseal several documents in his criminal case. We conclude that Darden 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. 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 Darden 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