In Re: Gary Williams

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2401 In Re: GARY BUTERRA WILLIAMS, Petitioner. On Petition for Writ of Mandamus. (3:11-cv-578-HEH; 3:11-cv-00125-HEH; 3:09-cv-00500-RLW) Submitted: February 22, 2012 Decided: March 2, 2012 Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Gary Buterra Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gary Buterra Williams petitions for a writ of mandamus seeking orders compelling the district court to vacate its order denying Williams copies of his pleading at government expense in one case, and to reopen two other cases, one of which is currently pending on appeal in this court. We conclude that Williams 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 Williams is not available by way of mandamus. Accordingly, 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