In Re: Petty v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-4446
In Re: ROBERT W. PETTY,
Petitioner.
On Petition for Writ of Mandamus. (CR-97-107-DKC)
Submitted: July 18, 2002 Decided: July 23, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert W. Petty, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert W. Petty brought this petition for writ of mandamus
requesting this court to order the district court to correct its
erroneous re-characterization of his motion as one filed pursuant
to Fed. R. Crim. P. 33. Petty has filed motions in the district
court requesting such action, but the district court has not yet
addressed these motions.
Petty has failed to present such an extraordinary situation as
to warrant the drastic remedy of mandamus relief. See Kerr v.
United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard,
811 F.2d 818, 826 (4th Cir. 1987). Because mandamus relief is not
a substitute for an appeal, In re United Steelworkers, 595 F.2d
958, 960 (4th Cir. 1979), Petty has an available remedy, namely to
allow the district court to address his motions, and, following
entry of a final order, noting an appeal. Accordingly, while we
grant Petty’s motion for 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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