In re: Tracy Thomas, No. 18-1608 (4th Cir. 2018)

Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1608 In re: TRACY MAURICE THOMAS, Petitioner. On Petition for Writ of Mandamus. (4:08-cr-00020-BR-1) Submitted: August 16, 2018 Decided: August 20, 2018 Before WYNN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Tracy Maurice Thomas, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tracy Maurice Thomas petitions for a writ of mandamus, seeking an order from this court directing the district court to direct the Government to file a promised motion. We conclude that Thomas 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 sought by Thomas 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