UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2332
In Re: DAVID LEE SMITH,
Petitioner.
On Petition for Writ of Mandamus.
(5:08-hc-02165-D)
Submitted: March 17, 2009 Decided: March 19, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David Lee Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Lee Smith petitions for a writ of mandamus
seeking an order directing the district court to hold an
evidentiary hearing. We conclude that Smith 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 Smith is not available by way of mandamus.
Accordingly, 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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