UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2261
In Re: SEAN DARNELL FOWLKES,
Petitioner.
On Petition for Writ of Mandamus.
(1:09-cr-00244-CCB-5)
Submitted: January 22, 2013 Decided: January 30, 2013
Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sean Darnell Fowlkes, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sean Fowlkes petitions for a writ of mandamus, seeking
an order directing the district court to modify its order
dismissing a criminal case without prejudice to reflect a
dismissal with prejudice. We deny the petition.
Mandamus is a drastic remedy to 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). Mandamus is available only when
the petitioner has a clear right to the relief sought, id. at
517, and 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 Fowlkes is not available by way
of mandamus. Accordingly, while 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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