Opinion
No. 12-1297
05-30-2012
In re: REGINALD DEWAYNE JEFFRIES, Petitioner.
Reginald Dewayne Jeffries, Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus.
(1:10-cv-00205-MR)
Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Reginald Dewayne Jeffries, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Reginald Dewayne Jeffries petitions for a writ of mandamus, asking this court to direct that the district court vacate an order of October 19, 2011. We conclude that Jeffries is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re: First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). 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 Jeffries 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 the court and argument would not aid the decisional process.
PETITION DENIED