In Re: Sampson v.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
ERIC CREIGHTON SAMPSON,
On Petition for a Writ of Mandamus. (3:95-cr-00031-2)
April 19, 2007
April 25, 2007
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Eric Creighton Sampson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Eric Creighton Sampson petitions for a writ of mandamus seeking an order clarifying the court's opinion in his direct appeal and remanding his case to the district court. States v. Sampson, 140 F.3d 575 (4th Cir. 1998). Sampson 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 See United
We conclude that
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). The relief sought by Sampson 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 In re United
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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