In Re: Wilson v. , 194 F. App'x 161 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6540
In Re: ROBERT M. WILSON,
Petitioner.
On Petition for Writ of Mandamus.
(1:04-cv-02776-JFM)
Submitted: July 31, 2006 Decided: August 14, 2006
Before KING, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert M. Wilson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert M. Wilson petitions for writ of mandamus seeking
an order reopening his federal habeas petition under 28 U.S.C.
§ 2241 (2000). The district court dismissed Wilson’s habeas
petition, originally asserted under 28 U.S.C. § 2254 (2000), as
time-barred. In the instant mandamus petition, Wilson asks this
court to direct the district court to reopen his petition under
§ 2241. We conclude that Wilson is not entitled to mandamus
relief.
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). Further, mandamus is a
drastic remedy and should be used only in extraordinary
circumstances. 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. In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Wilson is not available by way of
mandamus. Accordingly, 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
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