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49 F. App'x 482

In Re: Lewis v.

U.S. Courts of Appeals

Decided October 31, 2002

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U.S. Courts of Appeals · decided 2002-10-31

Cited by 1 later decisions — most recently September 2003

Applies 28 U.S.C. § 2255 (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

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Decided 2002-10-31

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PER CURIAM.

¶1 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. § 2255 motion.

¶2*483 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 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.

¶4 PETITION DENIED.

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