Filed: May 04, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1223 In Re: ALFRED T. THOMAS, Petitioner. On Petition for Writ of Mandamus. (3:08-cv-00502-FDW) Submitted: April 29, 2010 Decided: May 4, 2010 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Alfred T. Thomas, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alfred T. Thomas petitions for a writ of ma
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1223 In Re: ALFRED T. THOMAS, Petitioner. On Petition for Writ of Mandamus. (3:08-cv-00502-FDW) Submitted: April 29, 2010 Decided: May 4, 2010 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Alfred T. Thomas, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alfred T. Thomas petitions for a writ of man..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1223
In Re: ALFRED T. THOMAS,
Petitioner.
On Petition for Writ of Mandamus. (3:08-cv-00502-FDW)
Submitted: April 29, 2010 Decided: May 4, 2010
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Alfred T. Thomas, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alfred T. Thomas petitions for a writ of mandamus
seeking reconsideration of a district court order and our
opinion affirming the order. We conclude that Thomas 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 a substitute for
appeal. In re United Steelworkers,
595 F.2d 958, 960 (4th Cir.
1979).
The relief sought by Thomas 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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