In Re: Rajul Ruhbayan, No. 12-1877 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1877 In re: RAJUL RUHBAYAN, a/k/a Day-Ja, a/k/a Deja, a/k/a Amir Ruhbayan, a/k/a Jibra'el Ruh'alamin, a/k/a Jibrael Ruhalamin, a/k/a Creme, a/k/a James Vernon Wood, a/k/a James Vernette Johnson, a/k/a Kreem, Petitioner. On Petition for Writ of Mandamus. (No. 2:02-cr-00029-RBS-FBS-1) Submitted: November 20, 2012 Before TRAXLER, Judges. Chief Judge, Decided: November 26, 2012 and SHEDD and FLOYD, Circuit Petition denied by unpublished per curiam opinion. Rajul Ruhbayan, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rajul Ruhbayan petitions for a seeking an order requiring his resentencing. writ of mandamus We conclude that Ruhbayan is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available (1976); (4th only clear right to the relief sought. Kerr when Cir. the v. United United States States 2003). v. Further, petitioner has a 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 mandamus. sought by Ruhbayan is not available by way Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. dispense of 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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