In re: Timothy Adams
In re: Timothy Adams
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 18-2313
In re: TIMOTHY ADAMS, a/k/a Smitt, a/k/a Rodney Clark,
Petitioner.
On Petition for Writ of Mandamus. (6:94-cr-00302-NCT-3)
Submitted: April 4, 2019 Decided: April 8, 2019
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Timothy Adams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Timothy Adams petitions for a writ of mandamus seeking an order directing the
district court to correct alleged inaccuracies in his presentence report. We conclude that
Adams 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). Mandamus 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 Adams 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
2
Reference
- Status
- Unpublished