UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1207
In Re: OMAR DEMITRIOUS PEARSON,
Petitioner.
No. 08-1222
In Re: OMAR DEMITRIOUS PEARSON,
Petitioner.
On Petition for Writ of Mandamus.
(1:08-cv-00013-WWD)
Submitted: March 25, 2008 Decided: March 28, 2008
Before MOTZ, KING, and GREGORY, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
Omar Demitrious Pearson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Omar Demitrious Pearson has filed two petitions for writ
of mandamus seeking orders directing the North Carolina Innocence
Inquiry Commission to fully investigate all incoming claims of
actual innocence under North Carolina’s habitual felon statute,
directing the district court not to dismiss his 28 U.S.C. § 2254
(2000) petition and to declare North Carolina’s habitual felon
statute unconstitutional. We conclude Pearson 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). It may not be used as a
substitute for appeal. In re United Steelworkers, 595 F.2d 958,
960 (4th Cir. 1979). 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).
The relief sought by Pearson is not available by way of
mandamus. Accordingly, while we grant Pearson’s applications for
leave to proceed in forma pauperis, we deny the petitions 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.
PETITIONS DENIED
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