U.S. Court of Appeals for the Fourth Circuit, 2006

In re Davis

In re Davis
U.S. Court of Appeals for the Fourth Circuit · Decided January 24, 2006 · Shedd, Traxler, Wilkinson
163 F. App'x 234

In re Davis

Opinion of the Court

PER CURIAM:

Oran T. Davis petitions for writ of mandamus. He seeks an order directing the district court β€œto abide by its lawful discretion.” 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).

The relief sought by Davis 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

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