In re: Kelvin Andre Spotts, a/k/a Shorty

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2503
In Re: KELVIN ANDRE SPOTTS, a/k/a Shorty,
Petitioner.
On Petition for Writ of Mandamus.
(3:98-cr-00047-1)
Submitted: April 8, 2014 Decided: April 10, 2014
Before GREGORY and DIAZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Kelvin Andre Spotts, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kelvin Spotts petitions for a writ of mandamus,
seeking his immediate release from incarceration based on United
States v. Fisher, 711 F.3d 460 (4th Cir. 2013). We deny the
petition.
Mandamus is a drastic remedy to be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-17 (4th Cir. 2003). Mandamus 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),
and may not be used as a substitute for appeal. In re Lockheed
Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief Spotts seeks is unavailable by way of
mandamus. Accordingly, while we grant leave to proceed in forma
pauperis, we deny the petition for a writ of mandamus. We deny
the motion for appointment of counsel and 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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