In re: Kenya Gillespie

USCA4 Appeal: 25-2207 Doc: 13 Filed: 12/31/2025 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-2207

In re: KENYA DALTON GILLESPIE, Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Western District of North Carolina, at Charlotte. (3:24-cv-00581-MOC-SCR)

Submitted: December 23, 2025 Decided: December 31, 2025

Before WILKINSON and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Kenya Dalton Gillespie, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 25-2207 Doc: 13 Filed: 12/31/2025 Pg: 2 of 2

PER CURIAM: Kenya Dalton Gillespie petitions for a writ of mandamus seeking an order vacating the magistrate judge’s order granting Defendant’s motion to compel arbitration and the district court’s orders denying her motions for relief from that order. We conclude that Gillespie is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. 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 “no other adequate means to attain the relief [she] desires.” Id. (citation modified). 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 Gillespie 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