In re: Garlin Raymond Farris, a/k/a G

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1961
In re: GARLIN RAYMOND FARRIS, a/k/a G,
Petitioner.
On Petition for Writ of Mandamus.
(3:18-cr-00099-RJC-DCK-1)
Submitted: November 17, 2022 Decided: November 22, 2022
Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Garlin Raymond Farris, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Garlin Raymond Farris petitions for a writ of mandamus seeking an order
compelling the district court to rule on the merits of his amended motion for
reconsideration of the court’s denial of his Fed. R. Crim. P. 33 motion for new trial. The
court granted Farris’ motion to amend his motion for reconsideration but denied Farris’
motion for reconsideration.* We conclude that Farris 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 Farris 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
* After Farris filed his petition for writ of mandamus, the district court sua sponte
clarified that it intended to allow Farris to amend his motion for reconsideration but not
alter its ruling on the merits.

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