In Re: Chukwuma Azubuko, No. 12-2006 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2006 In re: CHUKWUMA E. AZUBUKO, Petitioner. On Petition for Writ of Mandamus. (1:11-cv-01639-JKB) Submitted: November 2, 2012 Decided: November 7, 2012 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Chukwuma E. Azubuko, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chukwuma E. Azubuko petitions for a writ of mandamus seeking an order directing the relief he sought in a previously dismissed lawsuit. We conclude that Azubuko 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 v. United Cir. when United 2003). the States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988), and mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). Here, the relief sought by Azubuko is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. legal before 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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