Filed: Nov. 24, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2121 In Re: ALISON LEVON BOYD, Petitioner. On Petition for Writ of Mandamus. (1:10-CV-00753-UA) Submitted: November 18, 2010 Decided: November 24, 2010 Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Alison Levon Boyd, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alison Levon Boyd petitions for a
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2121 In Re: ALISON LEVON BOYD, Petitioner. On Petition for Writ of Mandamus. (1:10-CV-00753-UA) Submitted: November 18, 2010 Decided: November 24, 2010 Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Alison Levon Boyd, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alison Levon Boyd petitions for a w..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2121
In Re: ALISON LEVON BOYD,
Petitioner.
On Petition for Writ of Mandamus.
(1:10-CV-00753-UA)
Submitted: November 18, 2010 Decided: November 24, 2010
Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Alison Levon Boyd, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alison Levon Boyd petitions for a writ of mandamus
seeking an order directing the district court and the magistrate
judge to address a specific issue and to order his immediate
release. We conclude that Boyd 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 relief sought by Boyd 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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