In re: Xavier Milton Earquhart, a/k/a Xavier Smart, a/k/a Xavier Akpan Smart, a/k/a Xzavier…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1124
In re: XAVIER MILTON EARQUHART, a/k/a Xavier Smart, a/k/a Xavier Akpan
Smart, a/k/a Xzavier Erquhart, a/k/a Xzayvier Ernhart, a/k/a David Imrich, a/k/a Kevin
Liols, a/k/a Michael Powell, a/k/a Melvin Hailstones, a/k/a Rety Humos, a/k/a Milton
Monn,
Petitioner.
On Petition for Writ of Mandamus. (5:17-cr-00134-BR-1)
Submitted: May 20, 2021 Decided: May 25, 2021
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Xavier Milton Earquhart, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Xavier Earquhart petitions for a writ of mandamus seeking an order dismissing the
superseding indictment filed against him, vacating his convictions, and returning seized
property to him. We conclude that Earquhart 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. Murphy-Brown, 907 F.3d at 795.
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 Earquhart 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

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