UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1211

In re:

SABAS IBARRA,
Petitioner.

On Petition for Writ of Mandamus.

(1:11-cv-00530-NCT-LPA)

Submitted:

May 22, 2014

Before TRAXLER,
Circuit Judges.

Chief

Decided: May 28, 2014

Judge,

and

HAMILTON

and

DAVIS,

Senior

Petition denied by unpublished per curiam opinion.

Sabas Ibarra, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Sabas Ibarra petitions for a writ of mandamus seeking
an order from this court directing the district court to grant
relief on his 28 U.S.C. 2254 (2012) petition.

We conclude

that Ibarra is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used
only

in

Dist.

extraordinary

Court,

Moussaoui,
mandamus

426

333

U.S.

F.3d

relief

circumstances.

is

394,

509,

402

516-17

available

when

United

United

Cir.

2003).

the

States

States

v.

Further,

petitioner

has

In re First Fed. Sav. & Loan

Assn, 860 F.2d 135, 138 (4th Cir. 1988).

used as a substitute for appeal.

v.

(1976);
(4th

only

clear right to the relief sought.

Kerr

Mandamus may not be

In re Lockheed Martin Corp.,

503 F.3d 351, 353 (4th Cir. 2007).

The relief sought by Ibarra is not available by way of
mandamus.

Accordingly,

pauperis

and

dispense

with

contentions

deny

are

oral

the

we

grant

petition

argument

adequately

leave
for

writ

because

presented

to

in

proceed
of

the
the

in

forma

mandamus.

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.
PETITION DENIED