UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2112
In Re: LARRY SINCLAIR WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus.
(1:08-cv-00722-CMH; 1:92-CR-00083-1)
Submitted: June 1, 2010 Decided: June 4, 2010
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Larry Sinclair Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Sinclair Williams petitions for a writ of
mandamus seeking an order directing the district court to grant
relief on his 28 U.S.C. § 2255 (2009) motion. We conclude that
Williams 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 Williams is not available by way of
mandamus. Accordingly, 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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