In Re: David Smith
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999962741-2] Originating case number: 5:16-ct-03229-BO. Copies to all parties and the district court/agency. . Mailed to: David Smith. [16-2069]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DAVID LEE SMITH,
On Petition for Writ of Mandamus
December 15, 2016
December 19, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David Lee Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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David Lee Smith petitions for a writ of mandamus seeking an
order directing the district court to enter an order directing a
North Carolina official to release him.
We conclude that Smith
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.
Mandamus may not be used as a substitute for appeal.
Further, this court does not have jurisdiction to grant mandamus
Mecklenburg Cty., 411 F.2d 586, 587 (4th Cir. 1969), and does
not have jurisdiction to review final state court orders, Dist.
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for writ of mandamus.
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this court and argument would not aid the decisional process.
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