From Casetext: Smarter Legal Research

In re Williams

United States Court of Appeals, Fourth Circuit
Jun 4, 2010
381 F. App'x 284 (4th Cir. 2010)

Opinion

No. 09-2112.

Submitted: June 1, 2010.

Decided: June 4, 2010.

On Petition for Writ of Mandamus. (1:08-cv-00722-CMH; 1:92-CR-00083-1).

Larry Sinclair Williams, Petitioner Pro Se.

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Larry Sinclair Williams petitions for a writ of mandamus seeking an order directing the district court to grant relief on his 28 U.S.C. § 2255 (2009) motion. We conclude that Williams 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, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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 Williams is not available by way of mandamus. Accordingly, 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.


Summaries of

In re Williams

United States Court of Appeals, Fourth Circuit
Jun 4, 2010
381 F. App'x 284 (4th Cir. 2010)
Case details for

In re Williams

Case Details

Full title:In re Larry Sinclair WILLIAMS, Petitioner

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 4, 2010

Citations

381 F. App'x 284 (4th Cir. 2010)