USCA4 Appeal: 23-2116 Doc: 7 Filed: 12/18/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-2116

In re: LINWOOD EARL DUFFIE,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Eastern District of North Carolina, at Raleigh. (5:23-hc-02047-D)

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Petition denied by unpublished per curiam opinion.

Linwood Earl Duffie, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-2116 Doc: 7 Filed: 12/18/2023 Pg: 2 of 2

PER CURIAM:

Linwood Earl Duffie petitions for a writ of mandamus seeking an order directing

the district court to declare North Carolina’s habitual felon statute unconstitutional. We

conclude that Duffie 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 Duffie 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

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