UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1466
In re: RIGOBERTO HERNANDEZ-PORTILLO, a/k/a Tiny, a/k/a
Carlos Antonio Martinez, a/k/a Rigoberto H. Portillo,
Petitioner.
On Petition for Writ of Mandamus.
(No. 1:07-cr-00081-GBL-4)
Submitted: November 18, 2014 Decided: November 20, 2014
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Rigoberto Hernandez-Portillo, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rigoberto Hernandez-Portillo petitions for a writ of
mandamus seeking an order granting him inter alia relief in his
criminal proceeding. We conclude that Hernandez-Portillo 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). Moreover, 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 Hernandez-Portillo 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 contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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