UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2409
In Re: THEODORE THOMAS WAGNER,
Petitioner.
On Petition for Writ of Mandamus.
(2:02-cr-00181; 2:11-cv-02218-PMD)
Submitted: March 19, 2012 Decided: April 11, 2012
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Theodore Thomas Wagner, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Theodore Thomas Wagner filed a petition for writ of
mandamus and a supplemental mandamus petition challenging the
district court’s order construing as a 28 U.S.C. § 2255 (West
Supp. 2006) motion a pleading transferred from the Northern
District of Texas and dismissing it without prejudice as
successive. We conclude that Wagner 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 Wagner is not available by way of
mandamus. Accordingly, we grant Wagner’s motion to proceed pro
se and deny the petitions 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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