In re: Edward Eave
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999934520-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999939087-2]. Originating case number: 3:16-cv-00129-GCM. Copies to all parties and the district court/agency. . Mailed to: Edward Eaves. [16-2094]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
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Petition denied by unpublished per curiam opinion.
Edward Eaves, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Edward Eaves petitions for a writ of mandamus seeking an order
directing the district court to issue an order denying a motion to
We conclude that Eaves is not entitled to mandamus
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.
Here, the district court granted defendant’s motion to
dismiss Eaves’ employment discrimination case.
way to challenge that ruling is by appealing it.
Mandamus may not
be used as a substitute for appeal.
In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007).
mandamus. Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petition for writ of mandamus.
with oral argument because the facts and legal contentions are
argument would not aid the decisional process.
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