Opinion
21-1518
09-13-2021
In re: BRANDON MARQUIS JENNINGS, a/k/a Smilez, a/k/a Smilez Finesse, a/k/a Beezy, Mustafa Bey, Petitioner.
Brandon Marquis Jennings, Petitioner Pro Se.
UNPUBLISHED
Submitted: September 9, 2021
On Petition for Writ of Mandamus. (5:18-cr-00318-FL-1)
Brandon Marquis Jennings, Petitioner Pro Se.
Before MOTZ, KING, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brandon Marquis Jennings petitions for a writ of mandamus seeking an order compelling the district court to change his name on his criminal judgment. We conclude that Jennings 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.
The relief sought by Jennings is not available by way of mandamus because the district court's docket includes Jennings' preferred name as an alias. Accordingly, we deny the petition for writ of mandamus. We further deny Jennings' motion for injunctive relief pending appeal and to require the district court to correct his name. 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