In Re: Jamilya Vann

Filing 920091105

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2019

In Re: JAMILYA SADDIYA VANN, Petitioner.

On Petition for Writ of Mandamus.

(2:04-cr-00173-JBF-TEM-1)

Submitted:

October 27, 2009

Decided:

November 5, 2009

Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Jamilya Saddiya Vann, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jamilya Saddiya Vann petitions for a writ of mandamus seeking an order directing the district court or the Bureau of Prisons to allow her to serve her sentence through home

confinement. relief.

We conclude that Vann is not entitled to mandamus

Mandamus is a drastic remedy and should be used only in United States v. Moussaoui, 333

extraordinary circumstances. F.3d 509, 516 (4th Cir. 2003).

Mandamus relief is available only when the petitioner has a clear, indisputable right to the relief sought. Id. In re

Mandamus may not be used as a substitute for appeal. Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).

The relief sought by Vann is not available by way of mandamus. Indeed, it appears that Vann is statutorily Accordingly,

ineligible to be sentenced to home confinement.

although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. 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

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