In Re Michael Price-bey, Petitioner, 883 F.2d 69 (4th Cir. 1989)

Michael Price-Bey, a Maryland prisoner, petitions this Court for a writ of mandamus. He asks this Court "to grant him the appropriate relief as justice requires" because the state did not respond to a motion for summary judgment which he filed in connection with his 28 U.S.C. § 2254 petition. After Price-Bey filed this mandamus petition, the district court dismissed Price-Bey's Sec. 2254 petition without prejudice. Price-Bey v. Stempson, C/A No. PN-88-322 (D. Md. May 12, 1989).

We grant leave to proceed in forma pauperis but deny the petition. If Price-Bey is entitled to any relief because of the state's failure to respond to his motion, the appropriate way to obtain such relief is through an appeal after final judgment. A petition for a writ of mandamus may not be used as a substitute for an appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).

PETITION DENIED