George McDermott, No. 10-2113 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2113 In Re: GEORGE E. MCDERMOTT, Petitioner. On Petition for Writ of Mandamus. Submitted: February 28, 2011 (8:10-cv-01111-AW) Decided: March 4, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. George E. McDermott, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: George E. McDermott petitions for a writ of mandamus and prohibition challenging the district court s remand of a foreclosure case to the state court and requesting that this court order the case to be transferred to a federal district court outside Maryland. We conclude that McDermott is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, 426 333 U.S. F.3d Kerr circumstances. 509, 394, 402 516-17 (1976); (4th Cir. v. United United 2003). States States v. 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). The relief sought by McDermott See 28 U.S.C. § 1447(d) is not available by way of mandamus. (2006) (stating that order remanding case to the state court from which otherwise). it was removed is not reviewable, on appeal or Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition and amended petition for writ of mandamus and prohibition. We motion to clarify this court s docket. also deny McDermott s We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3

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