USCA4 Appeal: 21-1750 Doc: 16 Filed: 01/24/2022 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1750

In re: WILLIAM SCOTT DAVIS, JR., Petitioner.

On Petition for Writ of Mandamus. (5:14-cr-00240-BR-1)

Submitted: January 20, 2022 Decided: January 24, 2022

Before WILKINSON, DIAZ, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

William Scott Davis, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-1750 Doc: 16 Filed: 01/24/2022 Pg: 2 of 2

PER CURIAM: William Scott Davis, Jr., petitions for a writ of mandamus, seeking a new trial related to his criminal convictions and alleging fraud on the court in two long-closed civil cases. We conclude that Davis 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. Murphy-Brown, 907 F.3d at 795.

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 Davis is not available by way of mandamus—he may not use mandamus to challenge his criminal convictions or to evade prefiling injunctions entered by this court and the district court. Accordingly, we deny the petition for a 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