In Re: Madison McRae, No. 13-1466 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1466 In re: MADISON DUANE MCRAE, Petitioner. On Petition for Writ of Mandamus. (3:04-cr-00223-RJC-DCK-2; 3:08-cv-00219-RJC) Submitted: July 18, 2013 Decided: July 22, 2013 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Madison Duane McRae, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Madison Duane McRae petitions for a writ of mandamus complaining that the courts committed various errors during his 28 U.S.C.A. § 2255 (West Supp. 2013) proceedings, resulting in due process and Sixth Amendment violations. He also seeks to recuse the district court judge and to expedite a ruling on this petition. We conclude that McRae is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, 426 circumstances. U.S. 394, 402 Kerr (1976); v. United Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). not be used as a substitute for appeal. Corp., 503 mandamus F.3d relief 351, is 353 available (4th only clear right to the relief sought. Cir. when United States States v. Mandamus may In re Lockheed Martin 2007). the Additionally, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). The relief sought by McRae is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny his motions for recusal and to expedite and deny the petition for writ of mandamus. oral argument because the facts 2 and legal We dispense with contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 3

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