Mary Johnson

Filing 920100520

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1368

In Re:

MARY ESTELLE JOHNSON, Petitioner.

On Petition for Writ of Mandamus.

(1:08-cr-00076-RDB-4)

Submitted:

April 30, 2010

Decided:

May 20, 2010

Before KING, GREGORY, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Mary Estelle Johnson, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Mary Estelle Johnson petitions for a writ of mandamus seeking an order compelling the district court to sentence her to home confinement. to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary 426 circumstances. 394, 402 Kerr v. United States v. We conclude that Johnson is not entitled

Court, 333

U.S. 509,

(1976); (4th when Cir. the

United 2003).

States

Moussaoui, mandamus

F.3d is

516-17 only

Further, has a

relief

available

petitioner

clear right to the relief sought.

In re First Fed. Sav. & Loan Mandamus may not be

Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). used as a substitute for appeal. 503 F.3d 351, 353 (4th Cir. 2007).

In re Lockheed Martin Corp.,

The relief sought by Johnson 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

2