UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7166
In Re: MATTHEW VIRTUE,
Petitioner.
On Petition for Writ of Mandamus
(CA-04-82)
Submitted: October 7, 2004 Decided: October 15, 2004
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Matthew Virtue, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Matthew Virtue petitions for writ of mandamus. He seeks
an order granting his immediate release from the Federal
Correctional Center and placement in a Community Corrections
Center.
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 Virtue is not available by way of
mandamus. Accordingly, although we grant Virtue’s motion to submit
additional authority, 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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