In re: Sanders v. , 98 F. App'x 949 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1183
In Re: HENRY T. SANDERS,
Petitioner.
On Petition for Writ of Mandamus
(CA-03-3619-PJN)
Submitted: May 27, 2004 Decided: June 3, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Henry T. Sanders, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Henry T. Sanders has filed a petition for writ of
mandamus requesting that this court vacate an order of the district
court. Mandamus relief is available only when the petitioner has
a clear right to the relief sought. See 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 United Steelworkers, 595
F.2d 958, 960 (4th Cir. 1979). Further, mandamus relief is only
available when there are no other means by which the relief sought
could be granted. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Sanders has not shown that the relief sought is not available by
other means. Accordingly, although we grant Sanders’ motion 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
the court and argument would not aid the decisional process.
PETITION DENIED
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