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62 F. App'x 458

In re Parker v.

U.S. Courts of Appeals

Decided March 27, 2003

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U.S. Courts of Appeals · decided 2003-03-27

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 2003-03-27

PER CURIAM.

¶1 Ray Elbert Parker petitions for a writ of mandamus. He seeks an order from this court to set aside the magistrate judge’s order and grant his motion to file an amended complaint.

¶2*459 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 Parker is not available by way of mandamus. Accordingly, we deny the petition for writ of mandamus, deny Parker’s motion for writ of error, and deny his motion for transfer of entire district court record. 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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