In Re: William Kemph, No. 13-1539 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1539 In re: WILLIAM TIMOTHY KEMPH, Petitioner. On Petition for Writ of Mandamus. (2:06-cr-00159-JBF-JEB-1) Submitted: May 30, 2013 Decided: June 4, 2013 Before SHEDD, DIAZ, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. William Timothy Kemph, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William Timothy Kemph petitions for a writ of mandamus seeking an order from this court directing the district court to vacate his 2008 conviction and sentence. We conclude that Kemph is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. 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). The relief sought by Kemph is not available by way of mandamus. Accordingly, although pauperis, we dispense with contentions deny are oral we the grant petition argument adequately leave for writ because presented to in proceed of the the in forma mandamus. facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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