In re: Patrick L. Booker

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1865
In Re: PATRICK L. BOOKER,
Petitioner.
On Petition for Writ of Mandamus.
(2:12-cv-01957-MGL)
Submitted: December 17, 2015 Decided: December 22, 2015
Before WILKINSON and GREGORY, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Patrick L. Booker, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Patrick L. Booker petitions for a writ of mandamus seeking
an order directing the district court to rule on the merits of
each element of his First Amendment claim. We conclude that
Booker is not entitled to the requested relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426
U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509,
516-17 (4th Cir. 2003). Further, mandamus relief is available
only when: (1) the petitioner has a “clear and indisputable”
right to the relief sought and (2) there are no other means by
which the relief sought could be granted. Moussaoui, 333 F.3d
at 517. Mandamus may not be used as a substitute for appeal.
In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
In requesting that this Court review the analysis of the
district court, Booker is impermissibly using the mandamus
petition as an appeal substitute. Accordingly, 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 this court and argument would not aid
the decisional process.
PETITION DENIED

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