In re: Lafawn Bobbitt

U.S. Court of Appeals for the Fourth Circuit

In re: Lafawn Bobbitt

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1894

In re: LAFAWN DEWAYNE BOBBITT, a/k/a Mandingo, a/k/a Dingo,

Petitioner.

On Petition for Writ of Mandamus. (3:97-cr-00169-JAG-1)

Submitted: October 14, 2021 Decided: October 18, 2021

Before DIAZ and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

LaFawn Dewayne Bobbitt, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

LaFawn Dewayne Bobbitt petitions for a writ of mandamus, seeking an order

requiring the district court to “correct its order” denying his motion for compassionate

release under

18 U.S.C. § 3582

(c)(1)(A). We conclude that Bobbitt is not entitled to

mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary

circumstances. Cheney v. U.S. Dist. Ct.,

542 U.S. 367, 380

(2004); In re Murphy-Brown,

LLC,

907 F.3d 788, 795

(4th Cir. 2018). Further, mandamus relief is available only when

the petitioner has a clear right to the relief sought and “has no other adequate means to

attain the relief [he] desires.” Murphy-Brown,

907 F.3d at 795

(alteration and internal

quotation marks omitted). Notably, 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 Bobbitt seeks 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 this court and

argument would not aid the decisional process.

PETITION DENIED

2

Reference

Status
Unpublished