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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2405 In re: LOUIS ANTONIO BRYANT, a/k/a Tinio, a/k/a Black, a/k/a B Stacks, Petitioner. On Petition for Writ of Mandamus. (3:04-cr-00047-NKM-RSB-1; 3:10-cv-80256-NKM-RSB) Submitted: January 23, 2014 Decided: January 27, 2014 Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Louis Antonio Bryant, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Louis Antonio Bryant petitions for a writ of mandamus seeking an order from this Court directing the district court to conduct a thorough analysis of his claims. We conclude that Bryant 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). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). Accordingly, the relief sought by Bryant is not available by way of mandamus. 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
Document Info
Docket Number: 13-2405
Judges: Wilkinson, Diaz, Hamilton
Filed Date: 1/27/2014
Precedential Status: Non-Precedential
Modified Date: 11/6/2024