In Re: Rajul Ruhbayan

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1877
In re: RAJUL RUHBAYAN, a/k/a Day-Ja, a/k/a Deja, a/k/a
Amir Ruhbayan, a/k/a Jibra'el Ruh'alamin, a/k/a Jibrael
Ruhalamin, a/k/a Creme, a/k/a James Vernon Wood, a/k/a
James Vernette Johnson, a/k/a Kreem,
Petitioner.
On Petition for Writ of Mandamus.
(No. 2:02-cr-00029-RBS-FBS-1)
Submitted: November 20, 2012 Decided: November 26, 2012
Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Rajul Ruhbayan, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rajul Ruhbayan petitions for a writ of mandamus
seeking an order requiring his resentencing. We conclude that
Ruhbayan is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (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).
Mandamus may not be used as a substitute for appeal.
In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Ruhbayan 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
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