In Re: Alfred Thoma

Filing 920100504

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1223

In Re:

ALFRED T. THOMAS, Petitioner.

On Petition for Writ of Mandamus.

(3:08-cv-00502-FDW)

Submitted:

April 29, 2010

Decided:

May 4, 2010

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

Petition denied by unpublished per curiam opinion.

Alfred T. Thomas, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Alfred seeking T. Thomas of petitions a for a writ of mandamus and our

reconsideration

district

court

order

opinion affirming the order. entitled to mandamus relief.

We conclude that Thomas 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 Thomas is not available by way of mandamus. 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

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