In re: Gerald Porter

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999787481-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999830182-2] Originating case number: 8:15-cv-03584-MGL Copies to all parties and the district court/agency. [999939790].. [16-1366]

Appeal: 16-1366

Doc: 11

Filed: 10/03/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1366

In re:

GERALD PORTER,
Petitioner.

On Petition for Writ of Mandamus.

Submitted:

September 29, 2016

(8:15-cv-03584-MGL)

Decided:

October 3, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Gerald Porter, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1366

Doc: 11

Filed: 10/03/2016

Pg: 2 of 2

PER CURIAM:
Gerald Porter petitions for a writ of mandamus seeking an
order from
relief

on

this

court

Porter’s

28

directing
U.S.C.

the

§

district

2241

court

(2012)

to

grant

petition.

We

conclude that Porter 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).

Finally, 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 Porter is not available by way of
mandamus.

Accordingly, although we grant leave to proceed in

forma pauperis, we deny the petition for writ of mandamus.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

PETITION DENIED

2