UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2306
In re: DONTA VAUGHN,
Petitioner.
On Petition for a Writ of Mandamus
(1:10-cr-00404-RDB-1; 1:11-cv-00156-RDB)
Submitted: February 1, 2012 Decided: February 16, 2012
Before KING and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Donta Vaughn, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donta Vaughn petitions for a writ of mandamus seeking
an order directing his immediate release. We conclude that
Vaughn 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 Vaughn is not available by way of
mandamus. Accordingly, we deny the petition for writ of
mandamus. We also deny Vaughn’s pending motions to place
documents under seal and to order his immediate release. 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