In Re: Guy Marsh v. , 556 F. App'x 171 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2100
In re: GUY GORDON MARSH,
Petitioner.
On Petition for Writ of Mandamus. (3:10-cr-00076-JPB-DJJ-1)
Submitted: December 19, 2013 Decided: December 23, 2013
Before SHEDD, DAVIS, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Guy Gordon Marsh, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Guy Gordon Marsh petitions for a writ of mandamus
seeking an order directing the district court judge to provide
Marsh with grand jury materials and to recuse himself. We
conclude that Marsh is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
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). Moreover, 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 Marsh 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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