In Re: Gerald Hopper, No. 14-1289 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1289 In re: GERALD DAMONE HOPPER, Petitioner. On Petition for Writ of Mandamus. (3:95-cr-00119-TAW-1) Submitted: June 19, 2014 Decided: June 23, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Gerald Damone Hopper, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gerald Damone Hopper petitions for a writ of mandamus seeking an order court s orders from this denying court his setting Motion Documents and motion to reconsider. the district Access for aside to Judicial We conclude that Hopper 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 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th 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. 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 Hopper is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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