Obed Hoyte

Filing 920080807

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1346

In Re:

OBED HOYTE, Petitioner.

On Petition for Writ of Mandamus. (3:93-cr-00010-jpj-mfu-1; 3:07-cv-80005-jpj-mfu)

Submitted:

July 31, 2008

Decided:

August 7, 2008

Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Obed Hoyte, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Obed Hoyte petitions for a writ of mandamus or, in the alternative, an extension of time to file a motion pursuant to 28 U.S.C. § 2255 (2000). the relief sought. 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 Hoyte is not entitled to

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 Hoyte is not available by way of mandamus. Nor has Hoyte otherwise established entitlement to file Accordingly, we deny Hoyte's In re United

a § 2255 motion at this juncture.

motion to proceed in forma pauperis, and 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

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