Source: United States Court of Appeals for the Fourth Circuit
Date: 2005-12-30
Jurisdiction: United States
Docket: No. 05-7105
Citation: 160 F. App'x 318
Opinion
PER CURIAM: David M. Kissi petitions for a writ of mandamus. He seeks an order directing a change of venue in the underlying criminal proceeding and an order granting his release from detention. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138 (4th Cir.1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.1987).
Mandamus may not be used as a substitute for appeal. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). With these criteria in mind, we conclude Kissi is not entitled to mandamus relief. Accordingly, we deny his petition for writ of mandamus, amended petitions, and supplements. We also deny Kissi’s motions to expedite, for a suppression hearing, and for appointment of counsel. 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