USCA4 Appeal: 23-2075 Doc: 10 Filed: 12/18/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-2075

In re: MARTINEZ ORLANDIS BLACK,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Western District of North Carolina, at Charlotte. (3:06-cr-00364-RJC-1)

Submitted: December 14, 2023 Decided: December 18, 2023

Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Martinez Orlandis Black, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-2075 Doc: 10 Filed: 12/18/2023 Pg: 2 of 2

ER CURIAM:

Martinez Orlandis Black petitions for a writ of mandamus asking this court to alter

his federal sentence to time-served. We conclude that Black 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.,

(2004); In re Murphy-Brown,

LLC,

(4th Cir. 2018). 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,

(cleaned up). Further, mandamus

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

(4th Cir. 2007). The relief that Black seeks is not available by way of mandamus, and

he otherwise fails to establish a clear right to the relief he seeks.

We therefore deny the mandamus petition. 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