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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7550
In Re: RESTONEY ROBINSON,
Petitioner.
On Petition for Writ of Mandamus. (CA-99-445)
Submitted: January 20, 2000 Decided: January 28, 2000
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Restoney Robinson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Restoney Robinson filed this mandamus petition challenging the
dismissal without prejudice of his 42 U.S.C.A. § 1983 (West Supp.
1999) action. Where there is another available remedy, mandamus
relief is not available. See In re Beard, 811 F.2d 818, 826 (4th
Cir. 1987). Mandamus relief is not a substitute for appeal. See
In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).
Robinson could have challenged the dismissal of his action by
filing an appeal. Accordingly, we deny mandamus relief. We dis-
pense 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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