In Re: Tadarian Neal v. , 585 F. App'x 57 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1914
In re: TADARIAN RESHAWN NEAL,
Petitioner.
On Petition for Writ of Mandamus.
(3:09-cr-00017-FDW-DCK-1)
Submitted: October 21, 2014 Decided: October 23, 2014
Before SHEDD, DUNCAN, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Tadarian Reshawn Neal, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tadarian Reshawn Neal petitions for a writ of mandamus
seeking an order vacating his sentence pursuant to United States
v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc). We conclude
that Neal 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).
Because Neal filed an unsuccessful direct appeal of
the challenged criminal judgment, see United States v. Neal, 458
F. App’x 246 (4th Cir. 2011) (Nos. 09-5043, 09-5044), he may not
use this mandamus petition to obtain a second appeal.
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
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