In re:Raphael Mendez

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1105 In re: RAPHAEL MENDEZ, Petitioner. On Petition for a Writ of Mandamus. (5:91-hc-00350-BR) Submitted: March 15, 2012 Decided: March 20, 2012 Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Raphael Mendez, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Raphael seeking an Mendez order petitions directing that for he a be writ of released commitment and returned to the Virgin Islands. mandamus from civil We conclude that Mendez 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 394, 509, 402 516-17 available clear right to the relief sought. (1976); (4th only Kerr when v. United United Cir. 2003). the States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Mendez fails to show he is entitled to the relief he seeks. The relief sought by Mendez 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 and the supplemental petition for writ of mandamus. oral argument adequately because presented in the the facts and materials We dispense with legal before contentions the court are and argument would not aid the decisional process. PETITION DENIED 2