Muhammed Abdullah

Filing 920100625

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1535

In Re:

MUHAMMED MAHDEE ABDULLAH, Petitioner.

On Petition for Writ of Mandamus. (5:04-CR-00371-F-1)

Submitted:

June 17, 2010

Decided:

June 25, 2010

Before MOTZ and Circuit Judge.

KING,

Circuit

Judges,

and

HAMILTON,

Senior

Petition denied by unpublished per curiam opinion.

Muhammed Mahdee Abdullah, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Muhammed mandamus seeking Mahdee an order Abdullah petitions the for a writ court of to

directing

district

correct an alleged clerical error in an order. Abdullah is not entitled to mandamus relief.

We conclude

Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary 426 circumstances. 394, 402 Kerr v. United States v.

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 Abdullah 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