In Re: Ingram v. ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7288
IN RE: WALTER LOUIS INGRAM,
Petitioner.
On Petition for Writ of Mandamus.
(CA-04-2152-JFM; CR-92-116)
Submitted: September 16, 2004 Decided: September 24, 2004
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Walter Louis Ingram, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Walter Louis Ingram petitions for writ of mandamus. He
seeks an order directing the district court to grant relief on his
28 U.S.C. § 2255 (2000) motion.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought. In re First Fed. Sav. & Loan
Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Mandamus may not be used as a substitute for appeal. In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Ingram is not available by way of
mandamus. Accordingly, although we grant Ingram’s 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
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