Alvin Truesdale, No. 10-2173 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2173 In Re: ALVIN BERNARD TRUESDALE, Petitioner. On Petition for Writ of Mandamus. (3:92-cr-00034-MR-1) Submitted: February 28, 2011 Decided: March 4, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Alvin Bernard Truesdale, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Alvin Bernard Truesdale petitions for a writ of mandamus seeking an order directing the district court to file and liberally construe his pleadings and to schedule a hearing. We conclude that Truesdale is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, 426 circumstances. U.S. 394, 402 Kerr (1976); v. United United Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). States States v. Mandamus may not be used as a substitute for appeal, In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007), and 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 Truesdale is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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