UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1211
In re: SABAS IBARRA,
Petitioner.
On Petition for Writ of Mandamus.
(1:11-cv-00530-NCT-LPA)
Submitted: May 22, 2014 Decided: May 28, 2014
Before TRAXLER, Chief Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sabas Ibarra, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sabas Ibarra petitions for a writ of mandamus seeking
an order from this court directing the district court to grant
relief on his 28 U.S.C. § 2254 (2012) petition. We conclude
that Ibarra 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 Ibarra is not available by way of
mandamus. Accordingly, we grant leave to proceed in forma
pauperis and 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
this court and argument would not aid the decisional process.
PETITION DENIED
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