In re: Gregory Rice

Filing 920091201

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2063

In Re:

GREGORY RICE, Petitioner.

On Petition for Writ of Mandamus.

(8:09-cv-01322-PJM)

Submitted:

November 19, 2009

Decided:

December 1, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gregory Rice, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Gregory Rice petitions for a writ of mandamus seeking an order to enforce a security agreement in a civil action

dismissed by the district court. entitled to mandamus relief.

We conclude that Rice is not

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 Rice is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. PETITION DENIED

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