In Re: Jorge Lerma-Duenas, No. 13-2208 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2208 In Re: JORGE L. LERMA-DUENAS, Petitioner. On Petition for Writ of Mandamus. (0:13-cv-01076-RBH) Submitted: November 6, 2013 Decided: November 21, 2013 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Jorge L. Lerma-Duenas, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jorge L. Lerma-Duenas petitions for a writ of mandamus seeking an order directing the district court to grant his petition filed pursuant to 28 U.S.C.A. § 2241 (West 2006 & Supp. 2013), * and order his release from custody and removal to Mexico. We conclude that Lerma-Duenas 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. 509, 394, 402 516-17 available clear right to the relief sought. (1976); (4th only Kerr when United United Cir. the 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. v. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Lerma-Duenas is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of * To the extent the petition for a writ of mandamus asserts that the district court has unduly delayed acting on LermaDuenas § 2241 petition, such claim is mooted by the court s entry of judgment dismissing the petition without prejudice. Lerma-Duenas v. Atkinson, No. 0:13-cv-01076-RBH (D.S.C. Oct. 11, 2013). 2 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 3

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