UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2407
In Re: FRANKLIN C. REAVES, PhD,
Petitioner.
On Petition for Writ of Mandamus. (4:08-cv-01818-TLW-SVH)
Submitted: March 31, 2011 Decided: April 4, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Franklin C. Reaves, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin C. Reaves petitions for a writ of mandamus
seeking an order requiring the district court to comply with the
Federal Rules of Civil Procedure. We conclude that Reaves is
not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. U.S. 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).
Reaves asserts various violations of the Federal Rules
of Civil Procedure by the district court, all stemming from his
belief that pretrial matters and a dispositive motion were
improperly assigned to the magistrate judge. Mandamus, however,
may not be used as a substitute for appeal. In re Lockheed
Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). As the review
of any alleged errors by the district court may be had through
the normal appellate process, the relief sought by Reaves 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
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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