49 F. App'x 482

In re Andre Gerard LEWIS, Petitioner.

No. 02-7275.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 24, 2002.

Decided Oct. 31, 2002.

Andre Gerard Lewis, Petitioner Pro Se.

Before WIDENER, MICHAEL, and DIANA GRIBBON MOTZ, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

PER CURIAM.

Andre Lewis petitions for a writ of mandamus. Lewis seeks an order directing the district court to address certain issues raised in his 28 U.S.C. ยง 2255 motion.

*483Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138 (4th Cir.1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus may not be used as a substitute for appeal. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979).

The relief sought by Lewis is not available by way of mandamus. Accordingly, although we grant leave to proceed in for-ma pauperis, we deny the petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED.

In re Lewis
49 F. App'x 482

Case Details

Name
In re Lewis
Decision Date
Oct 31, 2002
Citations

49 F. App'x 482

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!