In Re: Edgar Searcy

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999636532-2]; denying Motion for writ of mandamus (FRAP 21) [999630105-2] Originating case number: 5:15-hc-02126-BO Copies to all parties and the district court/agency. [999670222]. Mailed to: E. Searcy. [15-1841]

Appeal: 15-1841

Doc: 9

Filed: 10/01/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1841

In Re:

EDGAR SEARCY,
Petitioner.

On Petition for Writ of Mandamus.
(5:15-hc-02126-BO)

Submitted:

September 29, 2015

Decided:

October 1, 2015

Before WILKINSON, KING, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Edgar Searcy, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1841

Doc: 9

Filed: 10/01/2015

Pg: 2 of 2

PER CURIAM:
Edgar Searcy petitions for a writ of mandamus seeking to
challenge

civil

commitments

under

the

Adam

Walsh

Child

Protection and Safety Act of 1976 (“the Adam Walsh Act”), 18
U.S.C. §§ 4247-4248 (2012).

We conclude that Searcy is not

entitled to mandamus relief.
“Mandamus relief is a drastic remedy, to be invoked only in
extraordinary circumstances.”
F.3d

509,

516-17

(4th

Cir.

United States v. Moussaoui, 333
2003)

(internal

quotation

marks

omitted).

Further, mandamus relief is available only when the

petitioner

has

a

clear

right

to

the

relief

Braxton, 258 F.3d 250, 261 (4th Cir. 2001).
be used as a substitute for appeal.”

sought.

In

re

Mandamus “may not

In re Lockheed Martin

Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Searcy 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