UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1368
In Re: MARY ESTELLE JOHNSON,
Petitioner.
On Petition for Writ of Mandamus. (1:08-cr-00076-RDB-4)
Submitted: April 30, 2010 Decided: May 20, 2010
Before KING, GREGORY, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Mary Estelle Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mary Estelle Johnson petitions for a writ of mandamus
seeking an order compelling the district court to sentence her
to home confinement. We conclude that Johnson 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).
The relief sought by Johnson 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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