In re: Shaheen Cabbagestalk v. , 615 F. App'x 801 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1282
In re: SHAHEEN CABBAGESTALK,
Petitioner.
On Petition for Writ of Mandamus (5:14-cv-03771-RMG-KDW)
Submitted: September 9, 2015 Decided: September 11, 2015
Before SHEDD, WYNN, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Shaheen Cabbagestalk, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shaheen Cabbagestalk petitions for a writ of mandamus
seeking an order directing his immediate release from prison.
We conclude that Cabbagestalk 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 Cabbagestalk 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
2