In Re: Bernard McFadden, No. 15-1086 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1086 In Re: BERNARD MCFADDEN, Petitioner. On Petition for Writ of Mandamus. (5:13-cv-02290-JMC) Submitted: April 23, 2015 Decided: April 28, 2015 Before SHEDD, DUNCAN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Bernard McFadden, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bernard McFadden petitions for a writ of mandamus seeking an order directing compelling the discovery or district an court to injunction. issue We an conclude order that McFadden 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). The relief sought by McFadden 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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