Opinion
No. 20-1388
07-27-2020
Victor Wardell Wright, Petitioner Pro Se.
UNPUBLISHED
On Petition for Writ of Mandamus. (8:06-cr-00038-DKC-1) Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges. Petition denied by unpublished per curiam opinion. Victor Wardell Wright, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Victor Wardell Wright petitions for a writ of mandamus seeking an order directing his immediate release from custody. We conclude that Wright 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. Court, 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, and 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 Wright 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 this court and argument would not aid the decisional process.
PETITION DENIED