UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-5204
In Re: ORAN T. DAVIS,
Petitioner.
On Petition for Writ of Mandamus
(No. CR-02-251)
Submitted: January 19, 2005 Decided: January 24, 2006
Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Oran T. Davis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Oran T. Davis petitions for writ of mandamus. He seeks
an order directing the district court “to abide by its lawful
discretion.” 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 Davis 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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