
    In re Billy Ray SMITH, a/k/a Billy Rae Smith, Petitioner.
    No. 03-6799.
    United States Court of Appeals, Fourth Circuit.
    Submitted Sept. 24, 2003.
    Decided Oct. 22, 2003.
    Billy Ray Smith, Petitioner Pro Se.
    Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
    Petition deMed by unpublished PER CURIAM opimon.
   PER CURIAM.

Billy Ray Smith petitions for a writ of mandamus. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138 (4th Cir.1988). Further, mandamus is a drastic remedy and should oMy be used in ex-traordmary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus may not be used as a substitute for appeal. See In re United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979).

Smith fails to show that the relief he seeks is unavailable in the United States District Court for the District of Columbia or that he meets the other requirements set forth above. Accordmgly, although we grant leave to proceed m 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.  