UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2439
In Re: TYRONE HURT,
Petitioner.
On Petition for Writ of Mandamus.
(8:12-mc-00512)
Submitted: March 6, 2014 Decided: March 13, 2014
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Tyrone Hurt, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrone Hurt petitions for a writ of mandamus, seeking
the “elimination and abolishment” of a prefiling injunction
imposed by the district court. We deny the petition.
Mandamus is a drastic remedy to 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 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),
and may not be used as a substitute for appeal. In re Lockheed
Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief Hurt seeks is unavailable by way of
mandamus. Accordingly, while 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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