In re: Kareem Kirk-Bey, No. 13-1942 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1942 In Re: KAREEM ABDULLAH KIRK-BEY, Petitioner. On Petition for Writ of Mandamus. (3:12-cv-00106-RJC) Submitted: November 4, 2013 Decided: November 8, 2013 Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Kareem Abdullah Kirk-Bey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kareem Abdullah Kirk-Bey petitions for a writ of mandamus seeking an order requiring the district court to honor the Averment of Jurisdiction he filed, to stop the collection of funds from his prison account, and to return funds previously collected. We conclude that Kirk-Bey is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in 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. 2007). 2003). States States 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., The relief sought by Kirk- Bey is not available by way of mandamus. Accordingly, we deny Kirk-Bey s Affidavit of Financial Statement, which we construe as a motion objecting to the terms of the Prison Litigation Reform Act, and deny the petition for writ of mandamus. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2