UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4944
In Re: DOUGLAS LAMON BABB,
Petitioner.
On Petition for Writ of Mandamus.(CR-03-427)
Submitted: March 15, 2004 Decided: March 31, 2004
Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Douglas Lamon Babb, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Douglas Lamon Babb petitions for a writ of mandamus. He
seeks an order from this court directing the district court to stay
ongoing federal criminal proceedings pending resolution of related
state criminal proceedings.* Mandamus is available only when the
petitioner has a clear right to the relief sought and there are no
other means for obtaining that relief. Mallard v. United States
Dist. Court, 490 U.S. 296, 309 (1989); In re Beard, 811 F.2d 818,
826 (4th Cir. 1987). Mandamus is not a substitute for appeal. In
re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Because
Babb may challenge his federal conviction in an appeal to this
court after final judgment is entered, we deny his mandamus
petition. 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
*
Our review of the docket sheet reveals that the district
court accepted Babb’s guilty plea on January 2, 2004, but he has
not yet been sentenced.
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