In re: Richard DeBlois
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999666248-2]; denying Motion for writ of mandamus (FRAP 21) [999660328-2], denying Motion for writ of mandamus (FRAP 21) [999677894-2] Originating case number: 1:12-cv-00100-CCB Copies to all parties and the district court/agency. [999769822]. Mailed to: Richard DeBlois. [15-2080]
Appeal: 15-2080
Doc: 12
Filed: 03/08/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2080
In Re:
RICHARD DEBLOIS,
Petitioner.
On Petition for Writ of Mandamus.
(1:12-cv-00100-CCB)
Submitted:
February 25, 2016
Decided:
March 8, 2016
Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Richard DeBlois, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-2080
Doc: 12
Filed: 03/08/2016
Pg: 2 of 2
PER CURIAM:
Richard DeBlois petitions for a writ of mandamus seeking an
order
§ 2254
requiring
(2012)
appealability.
the
district
petition
We
court
and
conclude
to
reopen
granting
that
DeBlois
his
28
U.S.C.
a
certificate
of
is
not
to
entitled
mandamus relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances.
Kerr v. U.S. Dist. Court, 426
U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509,
516-17 (4th Cir. 2003).
Further, mandamus relief 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).
Mandamus may not be used as a substitute for appeal.
In
re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by DeBlois is not available by way of
mandamus.
Accordingly, although we grant leave to proceed in
forma pauperis, we deny his petition for writ of mandamus and
his amended petition for writ of mandamus.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
this
court
are
and
argument would not aid the decisional process.
PETITION DENIED
2
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