UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6142
In Re: ELIZABETH MARIE RUSHING FLOYD,
Petitioner.
On Petition for Writ of Mandamus.
(CR-00-8-P, CA-02-44-3-2-V)
Submitted: February 20, 2003 Decided: February 28, 2003
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Elizabeth Marie Rushing Floyd, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Elizabeth Marie Rushing Floyd petitions for a writ of
mandamus. She seeks an order setting aside her conviction and
sentence.
Mandamus relief is available only when the petitioner has a
clear right to the relief sought. 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. 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 Floyd 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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