In Re: Michael Carothers, No. 13-1519 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1519 In re: MICHAEL BERNARD CAROTHERS, a/k/a Unc, a/k/a Uncle, a/k/a Big Unc, Petitioner. On Petition for Writ of Mandamus. (No. 0:08-cr-00401-CMC-4) Submitted: July 25, 2013 Decided: July 29, 2013 Before GREGORY, DAVIS, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Michael Bernard Carothers, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael seeking an mandamus Bernard provide transcripts. Carothers order petitions requiring the for district a writ of court to We conclude that Carothers 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). In addition, 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 Carothers 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 this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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