In Re: Willie Horton, No. 15-1633 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1633 In re: WILLIE HORTON, Petitioner. On Petition for Writ of Mandamus. (1:89-cr-00180-AJT-1) Submitted: October 15, 2015 Decided: October 19, 2015 Before WILKINSON, AGEE, and HARRIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Willie Horton, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie Horton petitions for a writ of mandamus seeking an order directing the district court to underlying post-conviction proceedings. is not entitled to mandamus remedy and should drastic circumstances. grant on his We conclude that Horton relief. be relief Mandamus used only in relief is a extraordinary Kerr v. United States 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). 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 Horton is not available by way of mandamus. Accordingly, although pauperis, we dispense with contentions deny are oral we the grant petition argument adequately leave for writ because presented to in proceed of the the 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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