In re: Yasmani Gurri Rubio

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1888
In re: YASMANI GURRI RUBIO,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the Eastern
District of Virginia, at Richmond. (3:24-cv-00193-DJN)
Submitted: December 13, 2024 Decided: April 9, 2025
Before AGEE and BENJAMIN, Circuit Judges, and FLOYD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Yasmani Gurri Rubio, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Yasmin Gurri Rubio has filed a petition for a writ of mandamus and an amended
petition for writ of mandamus seeking an order compelling the district court to reverse its
order dismissing his 42 U.S.C. § 1983 complaint. We conclude that Petitioner 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 (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 Petitioner is not available by way
of mandamus. Accordingly, we deny the petition and amended 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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