UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1190
In Re: RAY ELBERT PARKER,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-771-A)
Submitted: March 20, 2003 Decided: March 27, 2003
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Ray Elbert Parker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ray Elbert Parker petitions for a writ of mandamus. He seeks
an order from this court to set aside the magistrate judge’s order
and grant his motion to file an amended complaint.
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 Parker is not available by way of
mandamus. Accordingly, we deny the petition for writ of mandamus,
deny Parker’s motion for writ of error, and deny his motion for
transfer of entire district court record. 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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