In re: Kenya Dalton Gillespie

25-2207Court of Appeals for the Fourth Circuit31 de dez. de 2025

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-2207
In re: KENYA DALTON GILLESPIE,
Petitioner.
On Petition for Writ of Mandamus to the United States District Court for the Western
District of North Carolina, at Charlotte. (3:24-cv-00581-MOC-SCR)
Submitted: December 23, 2025 Decided: December 31, 2025
Before WILKINSON and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Kenya Dalton Gillespie, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenya Dalton Gillespie petitions for a writ of mandamus seeking an order vacating
the magistrate judge’s order granting Defendant’s motion to compel arbitration and the
district court’s orders denying her motions for relief from that order. We conclude that
Gillespie is not entitled to mandamus relief. Mandamus relief is a drastic remedy and
should be used only in extraordinary circumstances. 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 “no other adequate means to attain the relief [she]
desires.” Id. (citation modified). 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
Gillespie 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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