In re: Anthony Hoover

USCA4 Appeal: 25-1145 Doc: 7 Filed: 04/15/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-1145 In re: ANTHONY L. HOOVER, Petitioner. On Petition for Writ of Mandamus to the United States District Court for the Middle District of North Carolina, at Greensboro. (1:24-cv-00762-CCE-LPA) Submitted: April 10, 2025 Decided: April 15, 2025 Before WILKINSON and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Anthony Leon Hoover, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-1145 Doc: 7 Filed: 04/15/2025 Pg: 2 of 2 PER CURIAM: Anthony Leon Hoover petitions for a writ of mandamus requesting that this court order his release from state custody. We conclude that Hoover 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. Ct., 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 and “has no other adequate means to attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795 (alteration and internal quotation marks omitted). 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 Hoover 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 2