In re. Bell v., (4th Cir. 2007)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1294
In Re: THURSTON PAUL BELL,
Petitioner.
On Petition for Writ of Mandamus.
(1:06-cv-03406-WDQ)
Submitted: June 21, 2007 Decided: June 27, 2007
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thurston Paul Bell, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Thurston Paul Bell petitions for a writ of mandamus requesting that this court order the district court to send him materials so that he can complete service of his petition to quash a summons and to strike the Justice Department's motion for summary denial. We conclude that Bell 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 only be used in extraordinary circumstances. Kerr v. United States 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 Bell is not available by way of mandamus. 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 the court and argument would not aid the decisional process.
PETITION DENIED
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This document cites
- U.S. Supreme Court - Kerr v. United States Dist. Court for Northern Dist. of Cal., 426 U.S. 394 (1976)
- U.S. Court of Appeals for the Fourth Circuit - in Re United Steelworkers of America, Afl-Cio-Clc, Petitioner., 595 F.2d 958 (4th Cir. 1979)
- U.S. Court of Appeals for the Fourth Circuit - in Re Diana R. Beard, Et Al., Petitioners (Two Cases)., 811 F.2d 818 (4th Cir. 1987)
- U.S. Court of Appeals for the Fourth Circuit - in Re First Federal Savings and Loan Association of Durham, Petitioner. First Federal Savings and Loan Association of Durham, Plaintiff-Appellant, v. James A. Baker, Iii, Secretary of the Treasury, Department of the Treasury, Defendant-Appellee., 860 F.2d 135 (4th Cir. 1988)
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