In Re: Jermaine Sims v. , 691 F. App'x 790 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-1402
In re: JERMAINE JERRELL SIMS, a/k/a Justice, a/k/a Jus,
Petitioner.
On Petition for Writ of Mandamus. (3:98-cr-00045-CMH-1)
Submitted: June 20, 2017 Decided: June 22, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jermaine Jerrell Sims, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermaine Jerrell Sims petitions for a writ of mandamus seeking an order directing
the district court, United States Attorney’s Office, and the Federal Bureau of
Investigation (FBI) to acknowledge allegedly exculpatory evidence Sims discovered after
his conviction and to correct errors that led to his 1998 indictment for aiding and abetting
bank robbery and related offenses. Sims also alleges that a witness gave false testimony
during his trial. We conclude that Sims is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances where the petitioner “ha[s] no other adequate means to attain the relief he
desires.” Kerr v. U.S. Dist. Court, 426 U.S. 394, 402-03 (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).
The relief sought by Sims is not available by way of mandamus. To the extent
Sims seeks reversal of his conviction, mandamus may not be used as a substitute for
appeal or collateral review. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir.
2007); Kerr, 426 U.S. at 403. 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
this court and argument would not aid the decisional process.
PETITION DENIED
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