In Re: David Conley, No. 14-1831 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1831 In re: DAVID CONLEY, Petitioner. On Petition for Writ of Mandamus. (5:13-ct-03251-F) Submitted: October 21, 2014 Decided: October 23, 2014 Before SHEDD, DUNCAN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. David Conley, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Conley petitions for a writ of mandamus seeking orders prohibiting the district court from denying his postjudgment motion to amend his 42 U.S.C. § 1983 (2012) complaint and directing the district court to certify a class and grant relief on his underlying complaint. We conclude that Conley is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 relief U.S. F.3d is circumstances. 394, 509, 402 516-17 available Kerr (1976); (4th only clear right to the relief sought. United United Cir. when v. 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). used as a substitute for appeal. Mandamus may not be In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Conley is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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