UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6142

In Re: ELIZABETH MARIE RUSHING FLOYD,

Petitioner.

On Petition for Writ of Mandamus. (CR-00-8-P, CA-02-44-3-2-V)

Submitted: February 20, 2003 Decided: February 28, 2003

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Elizabeth Marie Rushing Floyd, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Elizabeth Marie Rushing Floyd petitions for a writ of

mandamus. She seeks an order setting aside her conviction and

sentence.

Mandamus relief is available only when the petitioner has a

clear right to the relief sought. In re First Fed. Sav. & Loan

Assn.,

(4th Cir. 1988). Further, mandamus is a

drastic remedy and should only be used in extraordinary

circumstances. Kerr v. United States Dist. Court,

(1976); In re Beard,

(4th Cir. 1987).

Mandamus may not be used as a substitute for appeal. In re United

Steelworkers,

(4th Cir. 1979).

The relief sought by Floyd is not available by way of

mandamus. Accordingly, 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

2