UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1013
In Re: WILLIE J. OWENS,
Petitioner.
On Petition for Writ of Mandamus.
(6:02-cv-00261-CWH)
Submitted: April 24, 2008 Decided: April 29, 2008
Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Willie J. Owens, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie J. Owens petitions for a writ of mandamus seeking
an order from this court directing the district court to grant the
relief requested in a 28 U.S.C. § 2254 (2000) petition that the
district court had already denied. We conclude that Owens 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).
Finally, 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 Owens 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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