In Re: Timothy Washington, No. 13-1234 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1234 In re: TIMOTHY EARL WASHINGTON, Petitioner. On Petition for Writ of Mandamus Submitted: May 23, 2013 Before MOTZ and Circuit Judge. AGEE, Decided: Circuit Judges, and May 28, 2013 HAMILTON, Senior Petition denied by unpublished per curiam opinion. Timothy Earl Washington, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Earl Washington petitions for a writ of mandamus seeking an order to compel the district court to vacate its previous orders denying Washington s Fed. R. Crim. P. 36 motion to correct clerical errors associated with his criminal judgment order. and denying his motion for reconsideration of that We conclude that Washington 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 only clear right to the relief sought. Kerr (1976); (4th the 503 F.3d 351, 353 (4th Cir. States States 2003). v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). used as a substitute for appeal. United United Cir. when v. Mandamus may not be In re Lockheed Martin Corp., 2007). The relief Washington is not available by way of mandamus. sought by Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 3

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