In re: Melvin Luckey

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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