Clair Loveridge

Filing 920090324

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1046 In Re: CLAIR LOVERIDGE, Petitioner. On Petition for Writ of Mandamus. (1:03-cr-00063-IMK; 1:06-cv-00006-IMK) Submitted: March 17, 2009 Decided: March 24, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Clair Loveridge, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Clair Loveridge petitions for a writ of mandamus asking this court to review alleged sentencing errors by the district court. 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 We conclude that Loveridge is not entitled to 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. 1979). In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. The relief sought by Loveridge is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. PETITION DENIED 2

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