Public-domain · open source
OpenJurist

396 F. App'x 959

In re Shakoor

U.S. Courts of Appeals

Decided October 1, 2010

U.S. Courts of Appeals · decided 2010-10-01

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

Decided 2010-10-01

¶1Petition denied by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3Abdullah Shakoor petitions for a writ of mandamus seeking an order instructing the district court to act on his Fed.R.Civ.P. 60(b) motion. We conclude that Shakoor is not entitled to mandamus relief.

¶4Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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).

¶5Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir.2007). Here, the record reflects that the district *960court acted on Shakoor’s Rule 60(b) motion on October 29, 2009. Though Shakoor asserts that the district court failed to act on the entirety of his claims, our review of the district court’s order indicates that the court denied all claims raised by Shakoor. Further relief 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 the court and argument would not aid the decisional process.

¶6PETITION DENIED.

/396/fappx/959 · .json · Public domain