In Re: Arthur Rodgers, No. 13-2472 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2472 In Re: ARTHUR RODGERS, Petitioner. On Petition for Writ of Mandamus. (1:12-cv-03778-CCB) Submitted: February 20, 2014 Decided: February 25, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Arthur Rodgers, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: In Rodgers this asks petition that we for a order writ the of district mandamus, court Arthur to take appropriate action to ensure that prison officials properly mail Rodgers legal correspondence. the district Rodgers relief, court s motions to for appoint Rodgers also seeks our review of October a 16, preliminary counsel, to 2013 order, injunction, compel which for discovery, denied immediate and for default judgment, and to allow an appeal from that order. a We conclude that Rodgers 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). Rodgers has not demonstrated his clear right to the relief sought, as the district court s docket reveals that many of his filings have been received and properly docketed. Further, we decline to review the district court s October 16, 2013 order by way of mandamus because mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). 2 Accordingly, mandamus. legal before we deny the petition for writ of We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 3

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