Source: United States Court of Appeals for the Fourth Circuit
Date: 2002-10-30
Jurisdiction: United States
Docket: No. 02-4493
Citation: 49 F. App'x 449
Opinion
PER CURIAM. Martell Whitaker petitions for a writ of mandamus. Whitaker asks this court to order the Government to respond to his petition and to direct the district court to hold a suppression hearing and to rule on his motion to suppress, filed prior to his 1999 trial and conviction. 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). The relief sought by Whitaker is not available by way of mandamus. Accordingly, we deny the petition for a 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.