In re: Willie Morris McBride

20-1009United States Court Of Appeals For The 4th CircuitMay 26, 2020

Full text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 20-1009

In re: WILLIE MORRIS MCBRIDE,

Petitioner.

On Petition for Writ of Mandamus.
(2:19-cv-00274-RAJ-RJK)

Submitted: May 21, 2020 Decided: May 26, 2020

Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.

Petition denied by unpublished per curiam opinion.

Willie Morris McBride, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Willie Morris McBride petitions for a writ of mandamus seeking an order directing
the district court to grant him relief in his employment discrimination action. We conclude
that McBride is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in extraordinary
circumstances. Cheney v. U.S. Dist. Court, 542 U.S. 367, 380 (2004); In re Murphy-
Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only
when the petitioner has a clear right to the relief sought. Murphy-Brown, 907 F.3d at 795.
Moreover, mandamus may not be used as a substitute for appeal. In re Lockheed Martin
Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by McBride is not available by way of mandamus. 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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