In re: Sabrina Davis, No. 15-1847 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1847 In re: SABRINA D. DAVIS, Petitioner. On Petition for Writ of Mandamus. (6:08-cv-01937-RBH) Submitted: October 20, 2015 Decided: October 22, 2015 Before MOTZ, KEENAN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Sabrina D. Davis, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sabrina D. Davis petitions for a writ of mandamus seeking an order vacating the district court’s order dismissing civil suit for lack of subject matter jurisdiction. ∗ her We conclude that Davis 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). 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 mandamus. sought by Davis is not available by way Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. dispense of with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED ∗ We previously affirmed the district court’s order. Davis v. Kia Motors Am., Inc., 408 F. App’x 731 (4th Cir 2011) (No. 09-2296). 2

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