UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1615
In re: COREY E. JOHNSON,
Petitioner.
On Petition for Writ of Mandamus
(No. 3:07-cv-00731-RLW)
Submitted: September 29, 2011 Decided: October 4, 2011
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Corey E. Johnson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Corey E. Johnson petitions for a writ of mandamus
seeking an order compelling the district court to vacate its
order denying relief on his 28 U.S.C. § 2254 (2006) petition.
We conclude that Johnson 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).
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 Johnson 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 the
court and argument would not aid the decisional process.
PETITION DENIED
2