In re: Jermaine Sims, No. 14-1151 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1151 In Re: JERMAINE JERRELL SIMS, Petitioner. On Petition for Writ of Mandamus. (5:13-hc-02175-D) Submitted: April 1, 2014 Decided: April 11, 2014 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jermaine Jerrell Sims, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermaine Jerrell Sims petitions for a writ of mandamus seeking an order directing the district court to grant relief on his 28 U.S.C. § 2241 (2012) petition. We conclude that Sims is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 U.S. F.3d relief circumstances. is 394, 509, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th States States 2003). the 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. United United Cir. when v. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Sims is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition and amended petition for writ of mandamus. facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. PETITION DENIED 2

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