In Re: David Wattleton, No. 13-1326 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1326 In Re: DAVID WATTLETON, Petitioner. On Petition for Writ of Mandamus. (5:05-ct-00052-H) Submitted: July 22, 2013 Before SHEDD and Circuit Judge. DIAZ, Decided: Circuit Judges, and July 31, 2013 HAMILTON, Senior Petition denied by unpublished per curiam opinion. David Wattleton, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Earl Wattleton petitions for a writ of mandamus seeking an order directing the district court to return any monies taken from petitioner s institutional inmate trust fund account and cease taking money via the consent form. We conclude that Wattleton 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 U.S. F.3d is circumstances. 394, 509, 402 516-17 available Kerr (1976); (4th only clear right to the relief sought. 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). Moreover, 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 Wattleton 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 this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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