Filed: May 05, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1090 In Re: DAVID LEE SMITH, Petitioner. On Petition for Writ of Mandamus. (5:08-hc-02184-H) Submitted: April 23, 2009 Decided: May 5, 2009 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. David Lee Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Lee Smith petitions for a writ of mandamus seeking an order to d
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1090 In Re: DAVID LEE SMITH, Petitioner. On Petition for Writ of Mandamus. (5:08-hc-02184-H) Submitted: April 23, 2009 Decided: May 5, 2009 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. David Lee Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Lee Smith petitions for a writ of mandamus seeking an order to di..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1090
In Re: DAVID LEE SMITH,
Petitioner.
On Petition for Writ of Mandamus. (5:08-hc-02184-H)
Submitted: April 23, 2009 Decided: May 5, 2009
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David Lee Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Lee Smith petitions for a writ of mandamus
seeking an order to direct the district court to review the
denial of his 28 U.S.C.A. § 2255 (West Supp. 2008) motion. We
conclude that Smith is not entitled to mandamus relief.
Mandamus relief is available only when the petitioner
has a clear right to the relief sought. In re First Fed. Sav.
& Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Further,
mandamus is a drastic remedy and should only be used in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard,
811 F.2d 818, 826 (4th
Cir. 1987).
Mandamus may not be used as substitute for appeal.
In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Smith is not available by way of mandamus.
Accordingly, although we grant leave to proceed in forma
pauperis, 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 the
court and argument would not aid the decisional process.
PETITION DENIED
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