UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1453
In re: ANTONIO MEDRANO ORTIZ,
Petitioner.
On Petition for a Writ of Mandamus.
(5:11-hc-02219-BO)
Submitted: July 26, 2012 Decided: August 1, 2012
Before MOTZ, DAVIS, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Antonio Medrano Ortiz, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antonio Medrano Ortiz petitions for a writ of mandamus
seeking an order to rectify favoritism allegedly exhibited by
the district court in adjudicating Ortiz’s 28 U.S.C. § 2254
(2006) petition. We conclude that Ortiz 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 Ortiz 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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