In re: Kelvin Spott

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999317268-2], denying Motion for writ of mandamus (FRAP 21) [999266679-2]; denying Motion to appoint/assign counsel [999276332-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999273641-2] Originating case number: 3:98-cr-00047-1 Copies to all parties and the district court/agency. [999333890]. Mailed to: Kelvin Spotts. [13-2503]

Appeal: 13-2503

Doc: 10

Filed: 04/10/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2503

In Re:

KELVIN ANDRE SPOTTS, a/k/a Shorty,
Petitioner.

On Petition for Writ of Mandamus.
(3:98-cr-00047-1)

Submitted:

April 8, 2014

Before GREGORY
Circuit Judge.

and

DIAZ,

Decided:

Circuit

Judges,

and

April 10, 2014

DAVIS,

Senior

Petition denied by unpublished per curiam opinion.

Kelvin Andre Spotts, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-2503

Doc: 10

Filed: 04/10/2014

Pg: 2 of 2

PER CURIAM:
Kelvin

Spotts

petitions

for

a

writ

of

mandamus,

seeking his immediate release from incarceration based on United
States v. Fisher, 711 F.3d 460 (4th Cir. 2013).

We deny the

petition.
Mandamus

is

a

drastic

extraordinary circumstances.

remedy

to

be

used

only

in

Kerr v. United States Dist. Court,

426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-17 (4th Cir. 2003).

Mandamus is available only when

the petitioner has a clear right to the relief sought, In re
First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988),
and may not be used as a substitute for appeal.

In re Lockheed

Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The
mandamus.

relief

Spotts

seeks

is

unavailable

by

way

of

Accordingly, while we grant leave to proceed in forma

pauperis, we deny the petition for a writ of mandamus.

We deny

the motion for appointment of counsel and 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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