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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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