In Re: Bland ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2031
In Re: TERESA L. BLAND,
Petitioner.
On Petition for Writ of Mandamus.
(0:06-cr-01255-JFA-2)
Submitted: February 18, 2010 Decided: March 23, 2010
Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Teresa L. Bland, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Teresa L. Bland petitions for a writ of mandamus
seeking an order directing the district court and/or the Bureau
of Prisons to allow her to serve her sentence through home
confinement. We conclude that Bland is not entitled to mandamus
relief.
Mandamus is a drastic remedy and should be used only
in extraordinary circumstances. United States v. Moussaoui,
333 F.3d 509, 516 (4th Cir. 2003). Mandamus relief is available
only when the petitioner has a clear, indisputable right to the
relief sought. Id. at 517. Moreover, mandamus may not be used
as a substitute for appeal. In re Lockheed Martin Corp., 503
F.3d 351, 353 (4th Cir. 2007). Because Bland has no
indispensible right to serve her sentence through home
confinement, the relief she seeks is not available by way of
mandamus. Further, it is abundantly clear that she seeks to use
mandamus as a vehicle to circumvent the appeal process.
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
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