In Re: Hammitt v.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 03-2143

In Re: RANDY LEE HAMMITT; SANDRA MARIE
HAMMITT,

Petitioners.

On Petition for Writ of Prohibition and Mandamus.
(CA-03-278-3-T)

Submitted: November 19, 2003 Decided: December 3, 2003

Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Randy Lee Hammitt, Sandra Marie Hammitt, Petitioners Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Randy Lee Hammitt and Sandra Marie Hammitt petition for a writ

of prohibition and mandamus. They seek an order vacating any and

all pleadings in their pending forfeiture proceeding.

Mandamus relief is available only when the petitioner has a

clear right to the relief sought. See In re First Fed. Sav. & Loan

Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a

drastic remedy and should only be used in extraordinary

circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394,

402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).

Mandamus may not be used as a substitute for appeal. See In re

United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The same

standards apply to writs of prohibition. See generally In re

Braxton, 258 F.3d 250, 256 n.5 (4th Cir. 2001) (recognizing that

prohibition and mandamus are used interchangeably with respect to

writs).

The relief sought by the Hammitts is not available by way of

mandamus or prohibition because they may appeal any adverse final

ruling in the forfeiture action. Accordingly, we deny the petition.

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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