UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
THEODORE THOMAS WAGNER, Petitioner.
On Petition for Writ of Mandamus.
June 18, 2009
June 23, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Theodore Thomas Wagner, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Theodore mandamus determine seeking the Thomas an order Wagner petitions the the for a writ court of to and
Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1241, prior to enforcing it. not entitled to 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 Wagner is
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
In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.
The relief sought by Wagner 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. deny Wagner's conspiracy motion.
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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