In Re: Kelvin Spotts, No. 13-2503 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2503 In Re: KELVIN ANDRE SPOTTS, a/k/a Shorty, Petitioner. On Petition for Writ of Mandamus. (3:98-cr-00047-1) Submitted: April 8, 2014 Before GREGORY Circuit Judge. and DIAZ, Decided: Circuit Judges, and April 10, 2014 DAVIS, Senior Petition denied by unpublished per curiam opinion. Kelvin Andre Spotts, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kelvin Spotts petitions for a writ of mandamus, seeking his immediate release from incarceration based on United States v. Fisher, 711 F.3d 460 (4th Cir. 2013). We deny the petition. Mandamus is a drastic extraordinary circumstances. 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 mandamus. relief Spotts seeks is unavailable by way of Accordingly, while we grant leave to proceed in forma pauperis, we deny the petition for a writ of mandamus. We deny the motion for appointment of counsel and dispense with oral argument because the facts and 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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