In Re: William Kemph ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1539
In re: WILLIAM TIMOTHY KEMPH,
Petitioner.
On Petition for Writ of Mandamus.
(2:06-cr-00159-JBF-JEB-1)
Submitted: May 30, 2013 Decided: June 4, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William Timothy Kemph, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Timothy Kemph petitions for a writ of mandamus
seeking an order from this court directing the district court to
vacate his 2008 conviction and sentence. We conclude that Kemph
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 Kemph 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
this court and argument would not aid the decisional process.
PETITION DENIED
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