Joseph Campbell

Filing 920090609

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1181

In Re:

JOSEPH J. CAMPBELL, Petitioner.

On Petition for Writ of Mandamus.

(2:04-cr-01046-DCN-7)

Submitted:

May 13, 2009

Decided:

June 9, 2009

Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Joseph J. Campbell, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Joseph J. Campbell petitions for a writ of mandamus seeking an order dismissing the indictment in his underlying criminal conviction. 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). be used Further, only in We conclude that Campbell is not entitled

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 Campbell 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

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