UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2019
In Re: JAMILYA SADDIYA VANN,
Petitioner.
On Petition for Writ of Mandamus. (2:04-cr-00173-JBF-TEM-1)
Submitted: October 27, 2009 Decided: November 5, 2009
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Jamilya Saddiya Vann, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jamilya Saddiya Vann petitions for a writ of mandamus
seeking an order directing the district court or the Bureau of
Prisons to allow her to serve her sentence through home
confinement. We conclude that Vann is not entitled to mandamus
relief. Mandamus is a drastic remedy and should be used only in
extraordinary circumstances. United States v. Moussaoui, 333
F.3d 509, 516 (4th Cir. 2003).
Mandamus relief is available only when the petitioner
has a clear, indisputable right to the relief sought. Id.
Mandamus may not be used as a substitute for appeal. In re
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Vann is not available by way of
mandamus. Indeed, it appears that Vann is statutorily
ineligible to be sentenced to home confinement. 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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