UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7386
In Re: DOUGLAS JARVIS,
Petitioner.
On Petition for Writ of Mandamus (2:91-cr-00070-JAM)
Submitted: November 20, 2007 Decided: November 29, 2007
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Douglas Jarvis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Douglas Jarvis petitions for a writ of mandamus seeking
an order directing the district court to grant relief on his motion
to correct a clerical error. The district court previously denied
the motion. We conclude that Jarvis 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 Jarvis 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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