In re: Norman Alan Kerr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1770
In re: NORMAN ALAN KERR,
Petitioner.
On Petition for Writ of Mandamus
(No. 1:09-cr-00290-NCT-1)
Submitted: September 11, 2012 Decided: September 13, 2012
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
Norman Alan Kerr, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Norman Alan Kerr petitions this court for a writ of
mandamus, seeking an order directing his immediate release from
imprisonment. We conclude that Kerr is not entitled to mandamus
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 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). 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 Kerr is not available by way of
mandamus. Accordingly, although we grant leave to proceed in
forma pauperis and grant Kerr’s motion seeking leave to file an
amended petition for a writ of mandamus, we deny the original
and amended petitions for a writ of mandamus. We also deny as
moot Kerr’s motion for reappointment of new 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.
PETITIONS DENIED

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