UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1288
In re: TERRELL ROGERS, a/k/a Tavon,
Petitioner.
On Petition for Writ of Mandamus.
(1:09-cr-00467-WMN-1; 1:13-cv-00116-WMN)
Submitted: July 29, 2014 Decided: July 31, 2014
Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Terrell Rogers, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terrell Rogers petitions for a writ of mandamus on two
grounds. First, Rogers appears to allege undue delay by the
district court in ruling on his Fed. R. Civ. P. 60(b) motion and
second 28 U.S.C. § 2255 (2012) motion. He seeks an order from
this court directing the district to act. We conclude that the
present record does not reveal undue delay in the district
court.
Next, Rogers also requests that this court modify or
vacate the district court’s order denying his first § 2255
motion. 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), 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 sought by Rogers is not available by way
of mandamus.
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the mandamus petition. We dispense with
oral argument because the facts and legal contentions are
2
adequately presented in the materials before this court and
argument would not aid the decisional process.
PETITION DENIED
3