Opinion
No. 11-1589.
Submitted: July 21, 2011.
Decided: July 25, 2011.
On Petition for Writ of Mandamus (No. 4:05-cr-00005-RBS-JEB-1).
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Kevin Lamont Walker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Kevin Lamont Walker petitions for a writ of mandamus seeking an order compelling the district court to vacate its previous order denying Walker's 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction. We conclude that Walker 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 Walker 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