Source: United States Court of Appeals for the Fourth Circuit
Date: 2005-02-01
Jurisdiction: United States
Docket: No. 04-2475
Citation: 120 F. App'x 475
Opinion
PER CURIAM. Ruben Dewayne Taylor has filed a petition for writ of mandamus requesting that this court direct a change of venue and issue a restraining order and injunction. 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).
Taylor has not shown that the relief sought is not available by other means. In addition, he has failed to show a clear right to the relief sought. Accordingly, although we grant Taylor’s 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