In re: Gary Williams, No. 13-2038 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2038 In re: GARY B. WILLIAMS, Petitioner. On Petition for Writ of Mandamus. (No. 3:12-cv-00055-HEH) Submitted: October 22, 2013 Decided: October 24, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Gary Buterra Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gary Buterra Williams petitions for a writ of mandamus seeking an order compelling the district court to grant his Fed. R. Civ. P. 60(b) motion. We conclude that Williams 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. United United Cir. when v. States 2003). the States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). 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 mandamus. mandamus. legal before by Williams Accordingly, we is deny not the available petition by for way of 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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