UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6170
In Re: RESTONEY ROBINSON,
Petitioner.
On Petition for Writ of Mandamus. (CA-03-523)
Submitted: April 30, 2004 Decided: August 5, 2004
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Restoney Robinson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Restoney Robinson petitions for writ of mandamus. He
seeks an order vacating his conviction and awarding him damages
from his former defense attorney. Mandamus relief is available
only when the petitioner has a clear right to the relief sought and
there are no other means by which the relief sought could be
granted. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138
(4th Cir. 1988); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Further, mandamus is a drastic remedy and should be used only 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 Robinson 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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