In Re: Reginald Jeffries

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1297

In re: REGINALD DEWAYNE JEFFRIES,

Petitioner.

On Petition for Writ of Mandamus.
(1:10-cv-00205-MR)

Submitted: May 24, 2012 Decided: May 30, 2012

Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Reginald Dewayne Jeffries, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Reginald Dewayne Jeffries petitions for a writ of

mandamus, asking this court to direct that the district court

vacate an order of October 19, 2011. We conclude that Jeffries

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 Jeffries 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

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