In Re: Abdullah

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-1535

In Re: MUHAMMED MAHDEE ABDULLAH,

Petitioner.

On Petition for Writ of Mandamus.
(5:04-CR-00371-F-1)

Submitted: June 17, 2010 Decided: June 25, 2010

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Muhammed Mahdee Abdullah, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Muhammed Mahdee Abdullah petitions for a writ of

mandamus seeking an order directing the district court to

correct an alleged clerical error in an order. We conclude

Abdullah 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 Abdullah 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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