In re: Jacob E. Queern

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1792
In re: JACOB E. QUEERN,
Petitioner.
On Petition for Writ of Mandamus. (2:19-cv-00485-RBS-LRL)
Submitted: September 14, 2021 Decided: September 17, 2021
Before THACKER and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Jacob E. Queern, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jacob E. Queern petitions for a writ of mandamus seeking an order enforcing his
rights under the Crime Victims’ Rights Act, 18 U.S.C. § 3771, and resolving his claims
against the defendants in a pending action. We conclude that Queern 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), and 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 Queern is not available by way of mandamus. Accordingly,
we deny the petition for writ of mandamus and Queern’s pending motions. 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

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