
    In re Patrick R. MCINTOSH, Petitioner.
    No. 11-1066.
    United States Court of Appeals, Fourth Circuit.
    Submitted: March 15, 2011.
    Decided: March 21, 2011.
    Patrick R. McIntosh, Petitioner Pro Se.
    Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
   Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Patrick R. McIntosh petitions for a writ of mandamus seeking an order compelling the district court to enter a protective order to relieve McIntosh’s discovery obligations in a civil case in which he is the Plaintiff. We conclude that McIntosh is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir.2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988). Moreover, 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 McIntosh is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, 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 the court and argument would not aid the decisional process.

PETITION DENIED.  