In Re: Thomas Shrader v. , 547 F. App'x 299 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1999
In Re: THOMAS CREIGHTON SHRADER,
Petitioner.
On Petition for Writ of Mandamus. (1:09-cr-00270-1)
Submitted: November 26, 2013 Decided: December 4, 2013
Before MOTZ, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas Creighton Shrader, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Creighton Shrader petitions for a writ of
mandamus seeking an order directing the district court to arrest
judgment. See Fed. R. Crim. P. 34. We conclude that Shrader 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 Shrader 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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