UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1234
In re: TIMOTHY EARL WASHINGTON,
Petitioner.
On Petition for Writ of Mandamus
Submitted: May 23, 2013 Decided: May 28, 2013
Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Timothy Earl Washington, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Earl Washington petitions for a writ of
mandamus seeking an order to compel the district court to vacate
its previous orders denying Washington’s Fed. R. Crim. P. 36
motion to correct clerical errors associated with his criminal
judgment and denying his motion for reconsideration of that
order. We conclude that Washington 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
Washington 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
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presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED
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