In Re: Sampson v., No. 07-6212 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6212 In Re: ERIC CREIGHTON SAMPSON, Petitioner. On Petition for a Writ of Mandamus. (3:95-cr-00031-2) Submitted: April 19, 2007 Decided: April 25, 2007 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Eric Creighton Sampson, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eric Creighton Sampson petitions for a writ of mandamus seeking an order clarifying the court s opinion in his direct appeal and remanding his case to the district court. States v. Sampson, 140 F.3d 575 (4th Cir. 1998). See United We conclude that Sampson is not entitled to mandamus relief. 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). drastic remedy circumstances. and should only be Further, mandamus is a used in extraordinary Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus may not be used as a substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Sampson 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. We dispense with oral argument because the facts and 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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