USCA4 Appeal: 24-2180 Doc: 10 Filed: 03/19/2025 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-2180

In re: ALBERT LEROY GREEN, JR., Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Western District of North Carolina, at Charlotte. (3:23-cv-00668-MR)

Submitted: January 29, 2025 Decided: March 19, 2025

Before RICHARDSON, QUATTLEBAUM, and RUSHING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Albert Leroy Green, Jr., Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-2180 Doc: 10 Filed: 03/19/2025 Pg: 2 of 2

PER CURIAM: Albert Leroy Green Jr., petitions for a writ of mandamus seeking an order directing the district court to grant him the relief he requested in his dismissed 28 U.S.C. § 2254 petition. ∗ We conclude that Green 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). 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 Green is not available by way of mandamus. Accordingly, we deny the 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

∗ Green’s appeal of the denial of his § 2254 petition is currently pending in this court. See Green v. Anderson, No. 24-6809 (4th Cir. docketed Aug. 22, 2024).