Michael Lyle

Filing 920090826

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1631

In Re:

MICHAEL TYRONE LYLE, Petitioner.

On Petition for Writ of Mandamus. (1:02-cr-00395)

Submitted:

August 20, 2009

Decided:

August 26, 2009

Before WILKINSON and Senior Circuit Judge.

MICHAEL,

Circuit

Judges,

and

HAMILTON,

Petition denied by unpublished per curiam opinion.

Michael Tyrone Lyle, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael Lyle petitions for a writ of mandamus seeking an order directing error. the We district conclude court Lyle is to not correct entitled its to

jurisdictional

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

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 Lyle is not available by way of mandamus. Accordingly, while we grant leave to proceed in forma We legal

pauperis, we deny the petition for a writ of mandamus. dispense with oral argument because the facts and

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

2