Mary Johnson, No. 10-1368 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1368 In Re: MARY ESTELLE JOHNSON, Petitioner. On Petition for Writ of Mandamus. Submitted: (1:08-cr-00076-RDB-4) April 30, 2010 Decided: May 20, 2010 Before KING, GREGORY, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Mary Estelle Johnson, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mary Estelle Johnson petitions for a writ of mandamus seeking an order compelling the district court to sentence her to home confinement. We conclude that Johnson is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 509, 394, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th the States States 2003). v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). used as a substitute for appeal. United United Cir. when v. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Johnson 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. dispense with oral argument because the facts and 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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