In Re: Tadarian Neal, No. 14-1914 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1914 In re: TADARIAN RESHAWN NEAL, Petitioner. On Petition for Writ of Mandamus. (3:09-cr-00017-FDW-DCK-1) Submitted: October 21, 2014 Decided: October 23, 2014 Before SHEDD, DUNCAN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Tadarian Reshawn Neal, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tadarian Reshawn Neal petitions for a writ of mandamus seeking an order vacating his sentence pursuant to United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc). We conclude that Neal is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief 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). Because Neal filed an unsuccessful direct appeal of the challenged criminal judgment, see United States v. Neal, 458 F. App x 246 (4th Cir. 2011) (Nos. 09-5043, 09-5044), he may not use this mandamus Accordingly, although pauperis, we dispense with contentions petition deny are oral we the to grant petition argument adequately obtain leave for to writ because presented a in second proceed of the the appeal. in forma mandamus. facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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