In Re: Billups v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6181
In Re: WAYMARE BILLUPS,
Petitioner.
On Petition for Writ of Mandamus.
(CA-79-1114; CA-79-1228)
Submitted: March 25, 2004 Decided: April 2, 2004
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Waymare Billups, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Waymare Billups has filed a petition for writ of mandamus
seeking review of his sentences. Mandamus relief is available only
when the petitioner has a clear right to the relief sought. See In
re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
Mandamus may not be used as a substitute for appeal. In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Further, mandamus
relief is only available when there are no other means by which the
relief sought could be granted. In re Beard, 811 F.2d 818, 826
(4th Cir. 1987).
The relief sought by Billups is not available by way of
mandamus. Accordingly, although we grant Billups’s motion to
proceed in forma pauperis, we deny the petition for writ of
mandamus and deny Billups’s motion for appointment of counsel,
motion to grant mandamus, and motion for a default judgment. 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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