Gary Terry, No. 09-1121 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1121 In Re: GARY IVAN TERRY, Petitioner. On Petition for Writs of Mandamus and Prohibition. (1:03-cr-00299-NCT-1) Submitted: June 29, 2009 Before TRAXLER, Judges. Chief Decided: Judge, and KING and July 15, 2009 DUNCAN, Circuit Petition denied by unpublished per curiam opinion. Gary Ivan Terry, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gary Ivan Terry petitions for writs of mandamus and prohibition requesting this court to compel the district court to vacate its order refusing to compel specific performance of his plea agreement. We conclude that Terry is not entitled to relief. Mandamus and prohibition relief are available when the petitioner has a clear right to the relief sought. only In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988); In Further, re Vargas, mandamus 723 and F.2d 1461, prohibition 1468 are (10th drastic Cir. 1983). remedies should be used only in extraordinary circumstances. and Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); Vargas, 723 F.2d at 1468; In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). It is well-established that mandamus and prohibition may not be used as a substitute for appeal. Vargas, 723 F.2d at 1461; In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Terry is not available by way of mandamus or prohibition. to proceed in forma Accordingly, although we grant leave pauperis, we deny Terry s motion for transcripts at government expense, and deny the petition for writs of mandamus and prohibition. We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3

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