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In re Sanders

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 25, 2013
No. 12-2395 (4th Cir. Feb. 25, 2013)

Opinion

No. 12-2395

02-25-2013

In re: HENRY T. SANDERS, Petitioner.

Henry T. Sanders, Appellant Pro Se.


UNPUBLISHED


Petition for Writ of Mandamus.

(No. 8:12-cv-02518-DKC)

Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Henry T. Sanders, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Henry T. Sanders petitions for a writ of mandamus, challenging orders of the district court. We conclude that Sanders 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 Sanders 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 also deny all of Sanders' remaining pending motions. 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 Sanders

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 25, 2013
No. 12-2395 (4th Cir. Feb. 25, 2013)
Case details for

In re Sanders

Case Details

Full title:In re: HENRY T. SANDERS, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Feb 25, 2013

Citations

No. 12-2395 (4th Cir. Feb. 25, 2013)