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112 F. App'x 263

In re: Brevard v.

U.S. Courts of Appeals

Decided October 15, 2004

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U.S. Courts of Appeals · decided 2004-10-15

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · In Re First Federal Savings And Loan Association Of Durham · In Re Diana R Beard et Als

Decided 2004-10-15

PER CURIAM.

¶1 Matthew Virtue petitions for writ of mandamus. He seeks an order granting his immediate release from the Federal Correctional Center and placement in a Community Corrections Center.

¶2 Mandamus 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).

¶3 The relief sought by Virtue is not available by way of mandamus. Accordingly, although we grant Virtue’s motion to submit additional authority, 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 the court and argument would not aid the decisional process.

¶4 PETITION DENIED

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