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69 F. App'x 641

In Re: Rodriguez v.

U.S. Courts of Appeals

Decided July 24, 2003

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U.S. Courts of Appeals · decided 2003-07-24

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 2003-07-24

PER CURIAM.

¶1 Jose Juan Rodriguez petitions for a writ of mandamus. He seeks an order to compel the district court to grant a certificate of appealability or to explain its reasons for failing to do so.

¶2 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 We grant Rodriguez leave to proceed in forma pauperis, but deny the petition for writ of mandamus, as Rodriquez is not entitled to the relief sought. 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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