Theodore Wagner, No. 09-1128 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1128 In Re: THEODORE THOMAS WAGNER, Petitioner. On Petition for Writ of Mandamus. Submitted: (3:08-cv-03235-GRA) June 18, 2009 Decided: June 23, 2009 Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Theodore Thomas Wagner, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Theodore mandamus seeking determine the Thomas an Wagner order petitions constitutionality writ of district court to the of a the requiring for Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1241, prior to enforcing it. We conclude that Wagner 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 drastic 135, 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). appeal. Mandamus may not be used as a substitute for In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Wagner is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. deny Wagner s conspiracy motion. We 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. PETITION DENIED 2

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