U.S. Court of Appeals for the Fourth Circuit, 2003

In Re: Dillahunt v.

In Re: Dillahunt v.
U.S. Court of Appeals for the Fourth Circuit · Decided April 1, 2003 · Niemeyer, King, Hamilton
60 F. App'x 481

In Re: Dillahunt v.

Opinion

PER CURIAM.

Norris G. Dillahunt petitions for a writ of mandamus. He seeks an order compelling the City of New Bern to comply with federal policies. Dillahunt also seeks an injunction under Fed. R.App. P. 8.

Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).Mandamus may not be used as a substitute for appeal. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).

With these standards in mind, we conclude mandamus is not appropriate for the relief Dillahunt seeks. Accordingly, we deny Dillahunt’s motion for an injunction and his 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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