In re: Kareem Kirk-Bey v. , 546 F. App'x 170 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1942
In Re: KAREEM ABDULLAH KIRK-BEY,
Petitioner.
On Petition for Writ of Mandamus.
(3:12-cv-00106-RJC)
Submitted: November 4, 2013 Decided: November 8, 2013
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Kareem Abdullah Kirk-Bey, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kareem Abdullah Kirk-Bey petitions for a writ of
mandamus seeking an order requiring the district court to honor
the “Averment of Jurisdiction” he filed, to stop the collection
of funds from his prison account, and to return funds previously
collected. We conclude that Kirk-Bey is not entitled to
mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. 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 Kirk-
Bey is not available by way of mandamus. Accordingly, we deny
Kirk-Bey’s “Affidavit of Financial Statement,” which we construe
as a motion objecting to the terms of the Prison Litigation
Reform Act, and 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
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