In re: Sherrod Bright, No. 09-1022 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1022 In Re: SHERROD V. BRIGHT, Petitioner. On Petition for Writ of Mandamus. (4:08-cv-00029-TLW-TER) Submitted: April 16, 2009 Decided: April 27, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Sherrod V. Bright, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sherrod V. Bright petitions for a writ of mandamus seeking an order compelling the district court to rule on his forfeiture action. We conclude that Bright is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Cir. Ass n, mandamus is 860 a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and should 1988). Further, only used be in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus may not be used as a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Bright is not available by way of mandamus. Accordingly, although we grant leave to proceed forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and in We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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