Filed: Apr. 20, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2066 IN RE: CHARLES ALONZO TUNSTALL-BEY, Petitioner. On Petition for Writ of Mandamus. (5:13-hc-02090-BO) Submitted: April 16, 2015 Decided: April 20, 2015 Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Charles Alonzo Tunstall-Bey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Alonzo Tuns
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2066 IN RE: CHARLES ALONZO TUNSTALL-BEY, Petitioner. On Petition for Writ of Mandamus. (5:13-hc-02090-BO) Submitted: April 16, 2015 Decided: April 20, 2015 Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Charles Alonzo Tunstall-Bey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Alonzo Tunst..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2066
IN RE: CHARLES ALONZO TUNSTALL-BEY,
Petitioner.
On Petition for Writ of Mandamus.
(5:13-hc-02090-BO)
Submitted: April 16, 2015 Decided: April 20, 2015
Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Charles Alonzo Tunstall-Bey, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Alonzo Tunstall-Bey petitions for a writ of
mandamus seeking an order directing the district court to direct
prison officials to release the log of incoming and outgoing
legal mail and directing the district court to provide photocopy
services. We conclude that Tunstall-Bey is not entitled to
mandamus relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances. Kerr v. U.S. 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 Tunstall-Bey 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
this court and argument would not aid the decisional process.
PETITION DENIED
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