In re: Norman Alan Kerr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1516
In re: NORMAN ALAN KERR,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the Middle
District of North Carolina, at Greensboro. (1:09-cr-00290-TDS-1; 1:22-cv-00194-TDS-
JEP)
Submitted: December 5, 2024 Decided: December 9, 2024
Before GREGORY and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Norman Alan Kerr, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Norman Alan Kerr petitions for a writ of mandamus, seeking an order from this
court reversing his conviction for violating 18 U.S.C. § 922(g)(1). He also seeks leave to
amend his petition. We grant that motion and have considered the arguments in the motion
to amend in our review. We conclude that Kerr 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). 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 (cleaned up). 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 Kerr is not available by way of mandamus. Accordingly, we
deny the petition for a 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

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