UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1466
In re: MADISON DUANE MCRAE,
Petitioner.
On Petition for Writ of Mandamus.
(3:04-cr-00223-RJC-DCK-2; 3:08-cv-00219-RJC)
Submitted: July 18, 2013 Decided: July 22, 2013
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Madison Duane McRae, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Madison Duane McRae petitions for a writ of mandamus
complaining that the courts committed various errors during his
28 U.S.C.A. § 2255 (West Supp. 2013) proceedings, resulting in
due process and Sixth Amendment violations. He also seeks to
recuse the district court judge and to expedite a ruling on this
petition. We conclude that McRae is not entitled to mandamus
relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Mandamus may
not be used as a substitute for appeal. In re Lockheed Martin
Corp., 503 F.3d 351, 353 (4th Cir. 2007). Additionally,
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).
The relief sought by McRae is not available by way of
mandamus. Accordingly, although we grant leave to proceed in
forma pauperis, we deny his motions for recusal and to expedite
and deny the petition for writ of mandamus. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
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