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202 F. App'x 591

Barnett v. Bledsoe

U.S. Courts of Appeals

Decided October 2, 2006

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U.S. Courts of Appeals · decided 2006-10-02

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

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 2006-10-02

PER CURIAM.

¶1 In these consolidated cases, Bernard Barnett petitions for a writ of mandamus and appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000)

¶2 In No. 06-7002, Barnett petitions for a writ of mandamus seeking an order vacating his convictions and sentences. Mandamus 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). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. 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, we accordingly conclude that Barnett is not entitled to mandamus relief. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). We therefore deny his petition for mandamus relief.

¶3 We grant Barnett leave to proceed in forma pauperis, however, with respect to No. 06-7200, we have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Barnett v. Bledsoe, No. 7:06-cv-00255, 2006 WL 1288481 (W.D.Va. May 9, 2006).

¶4 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.

¶5 No. 06-7002, PETITION DENIED; No. 06-7200, AFFIRMED.

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