Teresa Bland

Filing 920100323

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2031

In Re:

TERESA L. BLAND, Petitioner.

On Petition for Writ of Mandamus. (0:06-cr-01255-JFA-2)

Submitted:

February 18, 2010

Decided:

March 23, 2010

Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Teresa L. Bland, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Teresa L. Bland petitions for a writ of mandamus

seeking an order directing the district court and/or the Bureau of Prisons to allow her to serve her sentence through home

confinement. relief.

We conclude that Bland is not entitled to mandamus

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

333 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. at 517. Moreover, mandamus may not be used In re Lockheed Martin Corp., 503 2007). her Because sentence Bland has no home

as a substitute for appeal. F.3d 351, 353 (4th Cir. to

indispensible

right

serve

through

confinement, the relief she seeks is not available by way of mandamus. Further, it is abundantly clear that she seeks to use

mandamus as a vehicle to circumvent the appeal process. 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 2