In Re: Jones v.

U.S. Court of Appeals for the Fourth Circuit

In Re: Jones v.

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1930

In Re: CHRISTOPHER BERNARD JONES,

Petitioner.

On Petition for Writ of Mandamus (6:06-cv-02202-PMD)

Submitted: December 13, 2007 Decided: December 18, 2007

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Christopher Bernard Jones, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Christopher Bernard Jones petitions for a writ of

mandamus seeking review of several district court decisions in a

pending civil action. We conclude that Jones is not entitled to

mandamus relief.

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). Further, mandamus is a

drastic remedy and should only be used in extraordinary

circumstances. Kerr v. United States Dist. Court,

426 U.S. 394, 402

(1976); In re Beard,

811 F.2d 818, 826

(4th Cir. 1987).

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

Steelworkers,

595 F.2d 958, 960

(4th Cir. 1979).

The relief sought by Jones 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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Reference

Status
Unpublished