In Re: Smith v. , 157 F. App'x 624 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7381
In Re: BERNARD SMITH,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: November 22, 2005 Decided: December 7, 2005
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bernard Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bernard Smith petitions for a writ of mandamus. He seeks
an order requiring the Bureau of Prisons to accept his state
substance abuse program and promote him to the next pay grade for
prison employment.
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).
The relief sought by Smith is not available by way of
mandamus. Accordingly, we deny the petition for writ of mandamus.
We grant Smith leave to proceed in forma pauperis and deny his
motion 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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