In re: Bernard McFadden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999981353-2], denying Motion for writ of mandamus (FRAP 21) [999967683-2]. Originating case number: 5:13-cv-02290-JMC. Copies to all parties and the district court. [1000054331]. Mailed to: Bernard McFadden. [16-2313]

Appeal: 16-2313

Doc: 13

Filed: 04/03/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2313

In re: BERNARD MCFADDEN,
Petitioner.

On Petition for Writ of Mandamus. (5:13-cv-02290-JMC)

Submitted: March 30, 2017

Decided: April 3, 2017

Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Bernard McFadden, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-2313

Doc: 13

Filed: 04/03/2017

Pg: 2 of 2

PER CURIAM:
Bernard McFadden petitions for a writ of mandamus seeking an order directing the
district court to rule on documents he filed subsequent to the denial of relief on his
underlying 42 U.S.C. § 1983 (2012) complaint. We conclude that McFadden 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. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir.
2007).
The relief sought by McFadden is not available by way of mandamus.
Accordingly, we deny the petition for writ of mandamus.

We dispense with oral

argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.

PETITION DENIED

2