UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2173
In Re: ALVIN BERNARD TRUESDALE,
Petitioner.
On Petition for Writ of Mandamus.
(3:92-cr-00034-MR-1)
Submitted: February 28, 2011 Decided: March 4, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Alvin Bernard Truesdale, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alvin Bernard Truesdale petitions for a writ of
mandamus seeking an order directing the district court to file
and liberally construe his pleadings and to schedule a hearing.
We conclude that Truesdale 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), and 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 Truesdale 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
2