In Re: Kissi v. , 160 F. App'x 318 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7105
IN RE: DAVID M. KISSI,
Petitioner.
On Petition for Writ of Mandamus.
(CR-05-254)
Submitted: December 22, 2005 Decided: December 30, 2005
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David M. Kissi, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David M. Kissi petitions for a writ of mandamus. He
seeks an order directing a change of venue in the underlying
criminal proceeding and an order granting his release from
detention. Mandamus relief is available only when the petitioner
has a clear right to the relief sought. See 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. See 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. See In re
United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
With these criteria in mind, we conclude Kissi is not
entitled to mandamus relief. Accordingly, we deny his petition for
writ of mandamus, amended petitions, and supplements. We also deny
Kissi’s motions to expedite, for a suppression hearing, and for
appointment of counsel. 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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