In re: Melvin Luckey v. , 626 F. App'x 56 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2120
In Re: MELVIN LEE LUCKY, a/k/a Melvin Lee Luckey,
Petitioner.
On Petition for Writ of Mandamus.
(5:15-ct-03237-FL)
Submitted: December 15, 2015 Decided: December 17, 2015
Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Melvin Lee Lucky, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Melvin Lee Lucky petitions for a writ of mandamus seeking
an order directing the district court to commute his sentence
and order his immediate release from imprisonment. We conclude
that Lucky is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances. Kerr v. U.S. 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 Lucky is not available by way of
mandamus. Accordingly, we deny the petition for a 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
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