UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1626
In re: ROSARIO A. FIORANI, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(1:98-cr-000340-JCC)
Submitted: July 25, 2006 Decided: July 31, 2006
Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rosario A. Fiorani, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rosario A. Fiorani, Jr., petitions for a writ of mandamus
seeking an order directing the district court to provide him with
all “exculpatory” materials and orders that remove court-appointed
counsel, reversing his conviction, and awarding him monetary relief
for an alleged wrongful conviction. We conclude that Fiorani is
not entitled to mandamus relief.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought. 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. 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 Fiorani is not available by way of
mandamus. Accordingly, although we grant Fiorani’s motion for
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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