Robert Juniors Cox, No. 09-1552 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1552 In Re: ROBERT JUNIORS COX, Petitioner. On Petition for Writ of Mandamus. Submitted: November 17, 2009 Decided: November 19, 2009 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Robert Juniors Cox, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Juniors Cox petitions for a writ of mandamus seeking an order directing his immediate release Commonwealth of Virginia Department of Corrections. from the We conclude that Cox 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 Cir. Ass n, mandamus is 860 a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and should 1988). Further, only used be in 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 Cox 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. dispense with oral argument because the facts and We 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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