In re: Gregory Rice, No. 09-2063 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2063 In Re: GREGORY RICE, Petitioner. On Petition for Writ of Mandamus. Submitted: November 19, 2009 (8:09-cv-01322-PJM) Decided: December 1, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Gregory Rice, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gregory Rice petitions for a writ of mandamus seeking an order to enforce a security agreement dismissed by the district court. in a civil action We conclude that Rice 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 1988). only should Further, 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). appeal. Mandamus may not be used as a substitute for In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Rice is not available by way of mandamus. mandamus. legal before Accordingly, deny the petition for writ of We dispense with oral argument because the facts and contentions the we court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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