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46 F. App'x 182

In Re: Bobby Hazel v.

U.S. Courts of Appeals

Decided September 19, 2002

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U.S. Courts of Appeals · decided 2002-09-19

Cited by 1 later decisions (1 by the Supreme Court) — most recently February 2003

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

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Decided 2002-09-19

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PER CURIAM.

¶1 Bobby Hazel has filed a petition for a writ of mandamus seeking to have this court direct the respondents to review their denial of Hazel’s prior petition for a writ of mandamus. 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). Further, mandamus is a drastic remedy and should only be used in extraordinary situations. 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 relief is only available when there are no other means by which the relief sought could be granted, see In re Beard, 811 F.2d at 826, and may not be used as a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Hazel has not shown he has a clear right to the relief sought.

¶2*183 Accordingly, although we grant Hazel’s motion to proceed in forma pauperis, we deny his petition for mandamus relief. 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.

¶3 PETITION DENIED.

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