In re: Sims v.

Filing 920060728

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6694

In Re: JERMAINE Justice, a/k/a Jus,

JERRELL

SIMS, a/k/a Petitioner.

On Petition for Writ of Mandamus (No. 3:98-cr-00045-RLW)

Submitted: July 20, 2006

Decided: July 28, 2006

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

Petition denied by unpublished per curiam opinion.

Jermaine Jerrell Sims, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM: Jermaine Jerrell Sims petitions for a writ of mandamus seeking an order requiring the district court to inquire into certain actions by the prosecutor in his criminal case. conclude that Sims is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Further, mandamus is a used in extraordinary We

Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). drastic remedy and should only be

circumstances.

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. Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Sims is not available by way of mandamus. Accordingly, although we grant Sims' motion for leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and In re United

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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