UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1648

In Re: GEORGE W. GANTT-EL,

Petitioner.

On Petition for Writ of Mandamus. (1:09-cv-00040-UA-DPD)

Submitted: November 19, 2009 Decided: December 1, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

George W. Gantt-El, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

George W. Gantt-El petitions for a writ of mandamus

seeking an order directing the district court to stop denying

him access to court in his habeas corpus proceeding. We

conclude that Gantt-El 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,

(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 Gantt-El is not available by way

of mandamus. Accordingly, although we grant leave to proceed in

forma pauperis, we deny the petition for writ of mandamus. We

deny Gantt-El’s motion for a certificate of appealability as

unnecessary and deny his motion for judicial notice. 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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