In re: Rigoberto H. Portillo, No. 14-1466 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1466 In re: RIGOBERTO HERNANDEZ-PORTILLO, a/k/a Tiny, Carlos Antonio Martinez, a/k/a Rigoberto H. Portillo, a/k/a Petitioner. On Petition for Writ of Mandamus. (No. 1:07-cr-00081-GBL-4) Submitted: November 18, 2014 Decided: November 20, 2014 Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Rigoberto Hernandez-Portillo, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rigoberto Hernandez-Portillo petitions for a writ of mandamus seeking an order granting him inter alia relief in his criminal proceeding. We conclude that Hernandez-Portillo 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 when v. United United Cir. States 2003). the States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Moreover, mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by available by way of mandamus. Hernandez-Portillo is not Accordingly, although we grant leave to proceed in forma pauperis, we deny the 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