U.S. Court of Appeals for the Fourth Circuit, 2019

In re: Mable Rahman El

In re: Mable Rahman El
U.S. Court of Appeals for the Fourth Circuit · Decided February 25, 2019

In re: Mable Rahman El

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-2330

In re: MABLE LEE RAHMAN EL, Petitioner.

On Petition for Writ of Mandamus. (8:18-cv-00368-GJH)

Submitted: February 21, 2019 Decided: February 25, 2019

Before GREGORY, Chief Judge, and AGEE and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Mable Lee Rahman El, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Mable Lee Rahman El petitions for a writ of mandamus seeking an order directing the district court to grant relief on her complaint, which the district court previously dismissed. We conclude that Rahman El is not entitled to mandamus relief.

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

The relief sought by Rahman 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 dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

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