UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2173

In Re: ALVIN BERNARD TRUESDALE,

Petitioner.

On Petition for Writ of Mandamus. (3:92-cr-00034-MR-1)

Submitted: February 28, 2011 Decided: March 4, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Alvin Bernard Truesdale, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Alvin Bernard Truesdale petitions for a writ of

mandamus seeking an order directing 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 circumstances. Kerr v. United States

Dist. Court,

(1976); United States v.

Moussaoui,

(4th Cir. 2003). Mandamus may

not be used as a substitute for appeal, In re Lockheed Martin

Corp.,

(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,

(4th Cir.

1988).

The relief sought by Truesdale 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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