In Re: Thomas Shrader, No. 13-1999 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1999 In Re: THOMAS CREIGHTON SHRADER, Petitioner. On Petition for Writ of Mandamus. Submitted: November 26, 2013 (1:09-cr-00270-1) Decided: December 4, 2013 Before MOTZ, SHEDD, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Thomas Creighton Shrader, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Creighton Shrader petitions for a writ of mandamus seeking an order directing the district court to arrest judgment. See Fed. R. Crim. P. 34. We conclude that Shrader is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. 135, 138 (4th In re First Fed. Sav. & Loan Ass n, 860 F.2d Cir. 1988). substitute for appeal. Mandamus may not be used as a In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Shrader 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. 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