In re: Phil Graham

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999343078-2]; denying Motion for writ of mandamus (FRAP 21) [999337958-2] Originating case number: 4:05-cr-01210-TLW-1 Copies to all parties and the district court/agency. [999380789]. Mailed to: Phil Graham. [14-1366]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1366

In re: PHIL JEMAR GRAHAM, a/k/a Touche,
Petitioner.

On Petition for Writ of Mandamus.
(4:05-cr-01210-TLW-1)

Submitted:

June 19, 2014

Decided: June 23, 2014

Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Phil Jemar Graham, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1366

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Filed: 06/23/2014

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PER CURIAM:
Phil Jemar Graham petitions for a writ of mandamus
challenging his career offender sentence and seeking relief from
this Court.

We conclude that Graham is not entitled to mandamus

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

in

extraordinary

Court,

Moussaoui,
mandamus

426

333

relief

circumstances.

U.S.

F.3d
is

394,

509,

402

516-17

available

only

clear right to the relief sought.

Kerr

(1976);
(4th

Cir.

when

the

v.

United

United
2003).

States

States

v.

Further,

petitioner

has

a

In re First Fed. Sav. & Loan

Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
Mandamus may not be used as a substitute for appeal,
In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007),
and the relief sought by Graham 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.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

PETITION DENIED

2