UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-8035
In Re: RANDY COOPER
Petitioner.
On Petition for a Writ of Mandamus.
(5:06-cv-00928)
Submitted: February 15, 2007 Decided: February 26, 2007
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randy Cooper, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Randy Cooper petitions for a writ of mandamus seeking an
order compelling the district court to grant relief on his
complaint regarding prison conditions. We conclude that Cooper 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. In re United
Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Cooper is not available by way of
mandamus. Accordingly, although we grant Cooper’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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