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UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 15-2080 Doc: 12 Filed: 03/08/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2080 In Re: RICHARD DEBLOIS, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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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