Filed: Sep. 03, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1835 In re: TERRANCE SYKES, Petitioner. On Petition for Writ of Mandamus. (7:13-cv-00207-SGW-RSB) Submitted: August 29, 2013 Decided: September 3, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Terrance Sykes, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrance Sykes petitions for a writ of mandamus seeking an orde
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1835 In re: TERRANCE SYKES, Petitioner. On Petition for Writ of Mandamus. (7:13-cv-00207-SGW-RSB) Submitted: August 29, 2013 Decided: September 3, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Terrance Sykes, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrance Sykes petitions for a writ of mandamus seeking an order..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1835
In re: TERRANCE SYKES,
Petitioner.
On Petition for Writ of Mandamus.
(7:13-cv-00207-SGW-RSB)
Submitted: August 29, 2013 Decided: September 3, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terrance Sykes, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terrance Sykes petitions for a writ of mandamus
seeking an order directing the district court to consider his
various filings as he captioned them, grant the relief they
request, and enter an appealable final order. We conclude that
Sykes is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court,
426 U.S. 394, 402 (1976); United States v.
Moussaoui,
333 F.3d 509, 516-17 (4th Cir. 2003). Further,
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). Mandamus may not be
used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007).
The district court has already entered a final order
from which Sykes may attempt to appeal and the remainder of the
relief sought by Sykes 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
PETITION DENIED
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