UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2371
In re: DAVID LEE SMITH,
Petitioner.
On Petition for Writ of Mandamus
Submitted: March 14, 2017 Decided: March 16, 2017
Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
David Lee Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Lee Smith petitions for a writ of mandamus seeking an
order directing the district court to reopen his civil case,
grant him in forma pauperis status, and adjudicate his civil
complaint. We conclude that Smith 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 Smith is not available by way of mandamus.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny Smith’s motion for an en banc determination
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
2