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In re: Tony Alexander, 21-1557 (2021)

Court: Court of Appeals for the Fourth Circuit Number: 21-1557 Visitors: 5
Filed: Oct. 12, 2021
Latest Update: Oct. 13, 2021
                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                        No. 21-1557


In re: TONY B. ALEXANDER,

                    Petitioner.



           On Petition for Writ of Mandamus. (3:18-cr-00202-MOC-DSC-1)


Submitted: August 18, 2021                                    Decided: October 12, 2021


Before NIEMEYER and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge.


Petition denied by unpublished per curiam opinion.


Tony B. Alexander, Petitioner Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Tony B. Alexander petitions for a writ of mandamus seeking an order from this

court directing the district court to vacate his detention order and terminate his supervised

release term. We conclude that Alexander is not entitled to mandamus relief.

       Mandamus relief is a drastic remedy and should be used only in extraordinary

circumstances. Cheney v. U.S. Dist. Ct., 
542 U.S. 367
, 380 (2004); In re Murphy-Brown,

LLC, 
907 F.3d 788
, 795 (4th Cir. 2018). Further, mandamus relief is available only when

the petitioner has a clear right to the relief sought and “has no other adequate means to

attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795 (alteration and internal

quotation marks omitted). Moreover, 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 Alexander is not available by way of mandamus. Accordingly,

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




                                             2

Source:  CourtListener

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