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IN RE: Daniel Johnson WILLIS, Petitioner. In re: Daniel Johnson Willis, Petitioner.
Daniel Johnson Willis petitions for writs of mandamus seeking orders directing the district court to adjudicate civil rights actions that the court denied Willis leave to file pursuant to a prefiling injunction. We conclude that Willis 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, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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 Willis is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petitions and supplemental petitions 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.
PETITIONS DENIED
PER CURIAM:
Petitions denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
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Docket No: No. 17-2119, No. 17-2207
Decided: February 26, 2018
Court: United States Court of Appeals, Fourth Circuit.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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