In Re: Lateef Fisher, No. 17-1746 (4th Cir. 2017)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1746 In re: LATEEF FISHER Petitioner. On Petition for Writ of Mandamus (No. 1:14-cr-00413-RDB-1) Submitted: October 19, 2017 Decided: October 23, 2017 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Lateef Fisher, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lateef Fisher filed a petition for writ of mandamus seeking an order directing the district court to order the Federal Public Defender’s Office to turn over discovery to him related to his 2015 drug convictions. We conclude that Fisher 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). Fisher filed a motion for release of discovery materials in the district court that the court denied after Fisher filed this petition for writ of mandamus. To the extent that Fisher sought an order alleging undue delay, the petition is moot. Further, 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 Fisher is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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