UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1629
In Re: CHARLES A. DAVIS,
Petitioner.
On Petition for Writ of Mandamus.
(5:11-cr-00032-RLV-DSC-1)
Submitted: August 20, 2015 Decided: August 24, 2015
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charles A. Davis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles A. Davis petitions for a writ of mandamus seeking
an order setting aside his conviction and sentence or directing
the district court to set aside his conviction and sentence. We
conclude that Davis is not entitled to mandamus relief.
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). 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 Davis is not available by way of
mandamus. Accordingly, we deny the petition for writ of
mandamus. We also deny as moot Davis’ request for judicial
notice. 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
2