UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6322
In Re: WAYMARE BILLUPS,
Petitioner.
On Petition for Writ of Mandamus.
(CA-03-948-5)
Submitted: April 29, 2004 Decided: May 6, 2004
Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Waymare Billups, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Waymare Billups has filed a petition for writ of mandamus
seeking removal of a detainer filed by the State of Maryland.
Mandamus relief is available only when the petitioner has a clear
right to the relief sought. See In re First Fed. Sav. & Loan
Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Mandamus may not be used
as a substitute for appeal. In re United Steelworkers, 595 F.2d
958, 960 (4th Cir. 1979). Further, mandamus relief is only
available when there are no other means by which the relief sought
could be granted. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Billups has not shown that the relief sought is not
available by other means. Accordingly, although we grant Billups’s
motion to proceed in forma pauperis, we deny the petition for writ
of mandamus and deny Billups’s motions for appointment of counsel
and to dismiss his detainer. 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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