Timothy Ruff

Filing 920081023

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1722

In Re:

TIMOTHY LAMONT RUFF, Petitioner.

On Petition for Writ of Mandamus. (4:96-cr-00056-LHT-1)

Submitted:

October 21, 2008

Decided:

October 23, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Timothy Lamont Ruff, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Timothy Lamont Ruff petitions for a writ of mandamus requesting that this court direct his release from prison based on his claim him. that We the United States that lacked is jurisdiction not entitled to to

prosecute

conclude

Ruff

mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. Loan Ass'n, is 860 a F.2d drastic 135, 138 (4th and In re First Fed. Sav. & Cir. 1988). only be Further, used in

mandamus

remedy

should

extraordinary 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. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Ruff is not available by way of mandamus. Accordingly, although we grant leave to proceed in We

forma pauperis, we deny the petition for writ of mandamus. 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