In re: Bernard McFadden


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 16-2313 Doc: 13 Filed: 04/03/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2313 In re: BERNARD MCFADDEN, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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