In Re: Smith v.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DAVID LEE SMITH, Petitioner.
On Petition for Writ of Mandamus. (No. 5:06-hc-02061-BO)
April 19, 2007
April 25, 2007
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David Lee Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: David Lee Smith petitions for a writ of mandamus seeking an order directing the district court to grant a writ of habeas corpus and vacate his state convictions for breaking and entering, larceny, and habitual felon status. 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 conclude that Smith is not
Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). drastic remedy and should only be
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). In re United
Smith has noted
an appeal of the district court's order denying his 28 U.S.C. § 2254 (2000) petition. The relief sought by Smith 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 presented in the materials before the court and argument would not aid the decisional process.
PETITION DENIED - 2 -
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