U.S. Court of Appeals for the Fourth Circuit, 2007

In Re: Jones v.

In Re: Jones v.
U.S. Court of Appeals for the Fourth Circuit · Decided December 18, 2007

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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