UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1574
In re: BURNETT TRIONE SHACKLEFORD,
Petitioner.
On Petition for Writ of Mandamus.
(4:06-cr-00206-TLW-1)
Submitted: May 30, 2013 Decided: June 4, 2013
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Burnett Trione Shackleford, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Burnett Trione Shackleford petitions for a writ of
mandamus, seeking an order from this court concluding that his
conviction and sentence are null and void and directing the
district court to dismiss the indictment. We conclude that
Shackleford is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. U. S. 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 Shackleford is not available by
way of mandamus. Accordingly, although we grant leave to
proceed in forma pauperis, we deny the petition for a writ of
mandamus. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
PETITION DENIED
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