UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1181
In Re: JOSEPH J. CAMPBELL,
Petitioner.
On Petition for Writ of Mandamus. (2:04-cr-01046-DCN-7)
Submitted: May 13, 2009 Decided: June 9, 2009
Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Joseph J. Campbell, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph J. Campbell petitions for a writ of mandamus
seeking an order dismissing the indictment in his underlying
criminal conviction. We conclude that Campbell 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 be used only 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 Campbell 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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