UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1988
In Re: MICHELE Z. DARBEAU,
Petitioner.
On Petition for Writ of Mandamus
(CA-04-467)
Submitted: October 7, 2004 Decided: October 13, 2004
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Michele Z. Darbeau, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michele Z. Darbeau petitions for writ of mandamus. She
seeks an order directing the district court to perform its
ministerial duties in relation to a civil action that was dismissed
on July 8, 2004.
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). 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 Darbeau is not available by way of
mandamus. Accordingly, we deny the petition for writ of mandamus.
We deny Darbeau’s motion to consolidate. 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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