UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2006
In re: CHUKWUMA E. AZUBUKO,
Petitioner.
On Petition for Writ of Mandamus.
(1:11-cv-01639-JKB)
Submitted: November 2, 2012 Decided: November 7, 2012
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Chukwuma E. Azubuko, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chukwuma E. Azubuko petitions for a writ of mandamus
seeking an order directing the relief he sought in a previously
dismissed lawsuit. We conclude that Azubuko 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), and mandamus may not
be used as a substitute for appeal. In re Lockheed Martin
Corp., 503 F.3d 351, 353 (4th Cir. 2007).
Here, the relief sought by Azubuko 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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