UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2475
IN RE: RUBEN DEWAYNE TAYLOR,
Petitioner.
On Petition for Writ of Mandamus.
(CA-03-3469)
Submitted: January 27, 2005 Decided: February 1, 2005
Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Ruben Dewayne Taylor, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ruben Dewayne Taylor has filed a petition for writ of
mandamus requesting that this court direct a change of venue and
issue a restraining order and injunction. 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). Taylor has not shown
that the relief sought is not available by other means. In
addition, he has failed to show a clear right to the relief sought.
Accordingly, although we grant Taylor’s motion to proceed in forma
pauperis, 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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