In Re: Chukwuma Azubuko

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998918696-2]; denying Motion for writ of mandamus (FRAP 21) [998918694-2] Originating case number: 1:11-cv-01639-JKB. Copies to all parties and the district court/agency. [998976633]. Mailed to: Chukwuma E. Azubuko. [12-2006]

Appeal: 12-2006

Doc: 7

Filed: 11/07/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2006

In re: CHUKWUMA E. AZUBUKO,
Petitioner.

On Petition for Writ of Mandamus.
(1:11-cv-01639-JKB)

Submitted:

November 2, 2012

Decided:

November 7, 2012

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Chukwuma E. Azubuko, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-2006

Doc: 7

Filed: 11/07/2012

Pg: 2 of 2

PER CURIAM:
Chukwuma E. Azubuko petitions for a writ of mandamus
seeking an order directing the relief he sought in a previously
dismissed lawsuit.

We conclude that Azubuko is not entitled to

mandamus relief.
Mandamus relief is a drastic remedy and should be used
only

in

Dist.

extraordinary

Court,

Moussaoui,
mandamus

426

333

relief

circumstances.

U.S.

F.3d
is

394,

509,

402

516-17

available

(1976);
(4th

only

clear right to the relief sought,

Kerr

v.

United

Cir.

when

United

2003).

the

States

States

v.

Further,

petitioner

has

a

In re First Fed. Sav. & Loan

Ass’n, 860 F.2d 135, 138 (4th Cir. 1988), and mandamus may not
be used as a substitute for appeal.

In re Lockheed Martin

Corp., 503 F.3d 351, 353 (4th Cir. 2007).
Here, the relief sought by Azubuko is not available by
way

of

mandamus.

Accordingly,

although

we

grant

leave

to

proceed in forma pauperis, we deny the petition for writ of
mandamus.
legal
before

We dispense with oral argument because the facts and

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

PETITION DENIED

2