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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7288 In Re: PABLO EUGENIO SINISTERRA, Petitioner. On Petition for Writ of Mandamus. (CR-94-642) Submitted: December 11, 2003 Decided: December 22, 2003 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Pablo Eugenio Sinisterra, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Pablo Eugenio Sinisterra petitions for a writ of mandamus. He seeks an order requiring the district court to produce a transcript of his arraignment. 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 Sinisterra 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 the court and argument would not aid the decisional process. PETITION DENIED 2
Document Info
Docket Number: 03-7288
Filed Date: 12/22/2003
Precedential Status: Non-Precedential
Modified Date: 10/30/2014