UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7304
In Re: LEROY BOONE,
Petitioner.
On Petition for Writ of Mandamus. (CR-90-149)
Submitted: November 21, 2002 Decided: December 3, 2002
Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Leroy Boone, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leroy Boone petitions for a writ of mandamus. He seeks an
order compelling the district court to order the government to
prove the court had subject matter jurisdiction to convict him.
Mandamus relief is available only when the petitioner has a
clear right to the relief sought. See In re First Fed. Sav. & Loan
Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. See 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. See In re
United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Boone 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 the
court and argument would not aid the decisional process.
PETITION DENIED
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