UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6025
In Re: RICARDO GUTIERREZ DEPINERES,
Petitioner.
On Petition for Writ of Mandamus. (CA-02-248-5)
Submitted: April 28, 2005 Decided: May 12, 2005
Before WILLIAMS, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ricardo Gutierrez DePineres, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ricardo Gutierrez DePineres petitions for writ of
mandamus. He requests that this court review the district court’s
actions following the remand of DePineres’ 42 U.S.C. § 1983 (2000)
case for further proceedings, to determine whether the district
court is complying with this court’s mandate.
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 DePineres is not available by way of
mandamus. Accordingly, although we grant leave 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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