In re: McDermott

U.S. Court of Appeals for the Fourth Circuit
In re: McDermott, 414 F. App'x 566 (4th Cir. 2011)

In re: McDermott

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Alvin Bernard Truesdale petitions for a writ of mandamus seeking an order the district court to file and liberally construe his pleadings and to schedule a hearing. We conclude that Truesdale is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Mandamus may not be used as a substitute for appeal, In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007), and 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).

The relief sought by Truesdale is not available by way of mandamus. Accord-ingly, we deny the petition for writ of mandamus. We dispense with oral argu-ment because the facts and legal conten-tions are adequately presented in the ma-terials before the court and argument would not aid the decisional process.

PETITION DENIED.

Reference

Full Case Name
In Re Alvin Bernard TRUESDALE, Petitioner
Status
Unpublished