In re: Kevin Walker, No. 11-1589 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1589 In re: KEVIN LAMONT WALKER, Petitioner. On Petition for Writ of Mandamus (No. 4:05-cr-00005-RBS-JEB-1) Submitted: July 21, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, July 25, 2011 and HAMILTON, Petition denied by unpublished per curiam opinion. Kevin Lamont Walker, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kevin Lamont Walker petitions for a writ of mandamus seeking an order compelling the district court to vacate its previous order denying Walker s 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction. We conclude that Walker is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, 426 333 circumstances. U.S. F.3d 394, 509, 402 516-17 Kerr (1976); (4th Cir. v. United United States States 2003). v. Further, 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). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Walker is not available by way of mandamus. Accordingly, although pauperis, we dispense with deny oral we the grant petition argument leave for because to writ the proceed of in mandamus. facts and forma 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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