In Re: Tucker v. , 286 F. App'x 71 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1310
In Re: CORNELIUS TUCKER, JR.,
Petitioner.
No. 08-1347
In Re: CORNELIUS TUCKER, JR.,
Petitioner.
On Petitions for Writ of Mandamus. (5:07-hc-02128-H;
5:02-cr-00235-BO-1; 5:08-hc-02025-D; 5:08-hc-02029-FL)
Submitted: June 30, 2008 Decided: July 16, 2008
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Cornelius Tucker, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In these consolidated petitions for writ of mandamus,
Cornelius Tucker, Jr., seeks an order vacating the district court’s
January 27, 2005 order that directs that he undergo a mental health
evaluation upon his release from state custody, or an order
directing his transfer to another hospital facility. We conclude
that Tucker is not entitled to mandamus relief.
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). Further, mandamus is a
drastic remedy and should be used only in extraordinary
circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976);
In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus may not
be used as a substitute for appeal. In re United Steelworkers, 595
F.2d 958, 960 (4th Cir. 1979).
The relief sought by Tucker is not available by way of
mandamus. Accordingly, we deny the petitions for writ of mandamus.
We also deny Tucker’s motion to have additional stipulations and
facts to support mandamus relief instruction, petition for
certiorari on reviewable issues and interlocutory appeal, motion
for reconsideration, motion to amend, motion to compel FOIA/PA, and
motion for appointment of a guardian. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would not
aid the decisional process.
PETITIONS DENIED
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