UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DANIEL WATLINGTON, Petitioner.
On Petition for Writ of Mandamus.
April 15, 2009
April 28, 2009
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daniel Watlington, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Daniel Watlington petitions for a writ of mandamus in which he seeks an order remanding the assets in the Pallie Trust to the stated trust beneficiary. not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a "clear right to the relief sought." In re First Fed. Sav. Further, We conclude that Watlington is
& Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). mandamus is a drastic remedy reserved for
Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). "[M]andamus may not be used as a substitute for appeal." United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Watlington is not available by way of mandamus. The proper avenue for Watlington to contest In re
the district court's decision allowing the government to use the trust funds for restitution is a direct appeal, a route
Watlington has already pursued without success.
deny leave to proceed in forma pauperis and deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials
process. PETITION DENIED
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