UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1105
In re: RAPHAEL MENDEZ,
Petitioner.
On Petition for a Writ of Mandamus.
(5:91-hc-00350-BR)
Submitted: March 15, 2012 Decided: March 20, 2012
Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Raphael Mendez, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Raphael Mendez petitions for a writ of mandamus
seeking an order directing that he be released from civil
commitment and returned to the Virgin Islands. We conclude that
Mendez 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).
Mendez fails to show he is entitled to the relief he seeks. The
relief sought by Mendez 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 and the
supplemental 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
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