In re: Melvin Luckey


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999665564-2] Originating case number: 5:15-ct-03237-FL Copies to all parties and the district court/agency. [999720057]. Mailed to: Melvin Lucky. [15-2120]

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Appeal: 15-2120 Doc: 7 Filed: 12/17/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2120 In Re: MELVIN LEE LUCKY, a/k/a Melvin Lee Luckey, Petitioner. On Petition for Writ of Mandamus. (5:15-ct-03237-FL) Submitted: December 15, 2015 Before GREGORY Circuit Judge. and FLOYD, Decided: Circuit Judges, December 17, 2015 and DAVIS, Senior Petition denied by unpublished per curiam opinion. Melvin Lee Lucky, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-2120 Doc: 7 Filed: 12/17/2015 Pg: 2 of 2 PER CURIAM: Melvin Lee Lucky petitions for a writ of mandamus seeking an order directing the district court to commute his sentence and order his immediate release from imprisonment. We conclude that Lucky is not entitled to 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. Lockheed In re Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief mandamus. mandamus. legal before sought Accordingly, by we Lucky is deny not the available petition for by way of a writ of We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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