In re: Willie McBride, No. 20-1009 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1009 In re: WILLIE MORRIS MCBRIDE, Petitioner. On Petition for Writ of Mandamus. (2:19-cv-00274-RAJ-RJK) Submitted: May 21, 2020 Decided: May 26, 2020 Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Willie Morris McBride, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie Morris McBride petitions for a writ of mandamus seeking an order directing the district court to grant him relief in his employment discrimination action. We conclude that McBride is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Court, 542 U.S. 367, 380 (2004); In re MurphyBrown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. Murphy-Brown, 907 F.3d at 795. Moreover, 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 McBride is not available by way of mandamus. Accordingly, 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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