UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7058
In Re: OKANG KAREEM ROCHELLE,
Petitioner.
On Petition for Writ of Mandamus. (1:05-cr-00112-UA)
Submitted: August 3, 2007 Decided: August 17, 2007
Before MICHAEL and GREGORY, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Okang Kareem Rochelle, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Okang Kareem Rochelle, a federal inmate, petitions this
court for a writ of mandamus. Rochelle seeks to challenge a
February 2, 2006 order from the Middle District of North Carolina
finding him incompetent to stand trial. Mandamus is a drastic
remedy to be used only in extraordinary circumstances. In re
Beard, 811 F.2d 818, 826 (4th Cir. 1987) (citing Kerr v. United
States Dist. Court, 426 U.S. 394, 402 (1976)). It is only
available when there are no other means by which the relief sought
could be granted. Id. Mandamus may not be used as a substitute
for appeal. In re Catawba Indian Tribe, 973 F.2d 1133, 1136 (4th
Cir. 1992). Although we grant Rochelle’s motion to proceed in
forma pauperis, we deny his petition for writ of mandamus as he
could have filed a direct appeal from the district court’s February
2, 2006 order finding him incompetent to stand trial. His failure
to have availed himself of that remedy does not entitle him to seek
relief by the alternative of mandamus. In light of this
disposition, Rochelle’s motion to expedite is denied as moot. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and oral
argument would not aid the decisional process.
PETITION DENIED
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