`
`UNITED STATES COURT OF APPEALS
`FOR THE FOURTH CIRCUIT
`
`
`No. 24-1938
`
`
`In re: RICHARD ALLEN PATTERSON,
`
`
`
`
`Petitioner.
`
`
`
`
`
`
`On Petition for Writ of Mandamus to the United States District Court for the Eastern
`District of Virginia, at Norfolk. (2:17-cr-00114-RAJ-DEM-1)
`
`
`
`
`Submitted: November 12, 2024
`
`
`
`Decided: December 4, 2024
`
`
`
`Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.
`
`
`Petition denied by unpublished per curiam opinion.
`
`
`Richard Allen Patterson, Petitioner Pro Se.
`
`
`Unpublished opinions are not binding precedent in this circuit.
`
`
`
`
`
`
`
`
`
`PER CURIAM:
`
`
`Richard Allen Patterson petitions for a writ of mandamus seeking an order directing
`
`the district court to expedite ruling on his 28 U.S.C. § 2255 motion. We conclude that
`
`Patterson 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). In addition, mandamus may not be used as a substitute for
`
`appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
`
`Because the district court dismissed Patterson’s § 2255 motion before he petitioned
`
`for a writ of mandamus, United States v. Patterson, No. 2:17-cr-00114-RAJ-DEM-1 (E.D.
`
`Va. Jan. 18, 2024) (PACER No. 260), Patterson has received the relief he seeks in his
`
`mandamus petition. 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
`
`