UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1121
In Re: GARY IVAN TERRY,
Petitioner.
On Petition for Writs of Mandamus and Prohibition.
(1:03-cr-00299-NCT-1)
Submitted: June 29, 2009 Decided: July 15, 2009
Before TRAXLER, Chief Judge, and KING and DUNCAN, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Gary Ivan Terry, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Ivan Terry petitions for writs of mandamus and
prohibition requesting this court to compel the district court
to vacate its order refusing to compel specific performance of
his plea agreement. We conclude that Terry is not entitled to
relief.
Mandamus and prohibition relief are 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); In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983).
Further, mandamus and prohibition are drastic remedies and
should be used only in extraordinary circumstances. Kerr v.
United States Dist. Court, 426 U.S. 394, 402 (1976); Vargas, 723
F.2d at 1468; In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
It is well-established that mandamus and prohibition may not be
used as a substitute for appeal. Vargas, 723 F.2d at 1461; In
re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Terry is not available by way of
mandamus or prohibition. Accordingly, although we grant leave
to proceed in forma pauperis, we deny Terry’s motion for
transcripts at government expense, and deny the petition for
writs of mandamus and prohibition. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would
not aid the decisional process.
PETITION DENIED
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