UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1749
In re: LENNELL DYCHES,
Petitioner.
On Petition for Writ of Mandamus.
(8:06-cr-00136-JFA-1)
Submitted: September 24, 2013 Decided: September 26, 2013
Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Lennell Dyches, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lennell Dyches petitions for a writ of mandamus,
asking that this court order an evidentiary hearing and vacate
his criminal judgment because he asserts that the district court
judge who presided over his criminal matter was biased against
him and had a pecuniary interest in his case. Dyches has also
moved to proceed in forma pauperis. We conclude that Dyches 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). Further,
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). Mandamus may not be
used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). Dyches has not established
that he is entitled to mandamus relief.
Accordingly, although we grant Dyches’ application to
proceed in forma pauperis, we deny the mandamus petition. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
PETITION DENIED
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