Theodore Wagner

Filing 920090623

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1128

In Re:

THEODORE THOMAS WAGNER, Petitioner.

On Petition for Writ of Mandamus.

(3:08-cv-03235-GRA)

Submitted:

June 18, 2009

Decided:

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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

requiring of

district

constitutionality

Antiterrorism

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

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 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