In Re: Lewis v.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 02-7275

In Re: ANDRE GERARD LEWIS,

Petitioner.

On Petition for Writ of Mandamus. (CR-99-314)

Submitted: October 24, 2002 Decided: October 31, 2002

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Andre Gerard Lewis, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Andre Lewis petitions for a writ of mandamus. Lewis seeks an

order directing the district court to address certain issues raised

in his 28 U.S.C. § 2255 motion.

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 relief sought by Lewis 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 the court and argument

would not aid the decisional process.

PETITION DENIED

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