UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1151
In Re: JERMAINE JERRELL SIMS,
Petitioner.
On Petition for Writ of Mandamus.
(5:13-hc-02175-D)
Submitted: April 1, 2014 Decided: April 11, 2014
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jermaine Jerrell Sims, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermaine Jerrell Sims petitions for a writ of mandamus
seeking an order directing the district court to grant relief on
his 28 U.S.C. § 2241 (2012) petition. We conclude that Sims 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 Sims is not available by way of
mandamus. Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition and amended petition for
writ of mandamus. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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