In Re: Tyrone Hurt, No. 13-2439 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2439 In Re: TYRONE HURT, Petitioner. On Petition for Writ of Mandamus. (8:12-mc-00512) Submitted: March 6, 2014 Decided: March 13, 2014 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Tyrone Hurt, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone Hurt petitions for a writ of mandamus, seeking the elimination and abolishment imposed by the district court. Mandamus is a a prefiling injunction We deny the petition. drastic extraordinary circumstances. of remedy to be used only in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Mandamus is available only when the petitioner has a clear right to the relief sought, In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988), and may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief Hurt seeks is unavailable by way of mandamus. Accordingly, while we grant leave to proceed in forma pauperis, we dispense with deny oral the petition argument for because writ the of mandamus. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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