UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1874
In re: JAMES LESTER ROUDABUSH, JR.,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: September 29, 2016 Decided: October 3, 2016
Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James Lester Roudabush, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Lester Roudabush, Jr., petitions for a writ of
mandamus, seeking an order from this court directing the warden
of the institution where he is incarcerated and the Federal
Bureau of Prisons and its agents to provide him with additional
food at mealtimes and directing that he be rescored in the
prison classification system. We conclude that Roudabush 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). Mandamus may not be used as a
substitute for appeal. In re Lockheed Martin Corp., 503 F.3d
351, 353 (4th Cir. 2007). 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).
The relief sought by Roudabush is not available by way of
mandamus because Roudabush fails to establish any clear right to
relief from this court in the form of an order directing the
provision of additional meals or rescoring in the prison
classification system. Accordingly, we deny the petition and
supplemental petition for a writ of mandamus. We dispense with
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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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