Percy James Tucker petitions for a writ of mandamus in his civil case that was dismissed without prejudice, asking us to order the district court to “ensure that this case is heard before a jury trial” and to assign the case to another district judge.
“[M]andamus is a drastic remedy that must be reserved for extraordinary situations.” In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018) (internal quotation marks and citations omitted). “Courts provide mandamus relief only when (1) petitioner ‘ha[s] no other adequate means to attain the relief [he] desires’; (2) petitioner has shown a ‘clear and indisputable’ right to the requested relief; and (3) the court deems the writ ‘appropriate under the circumstances.’ ” Id. (quoting Cheney v. U.S. Dist. Court, 542 U.S. 367, 380-81, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004)); see also In re Moore, 955 F.3d 384, 388 (4th Cir. 2020). The writ of mandamus is not a substitute for appeal after final judgment. Will v. United States, 389 U.S. 90, 97, 88 S.Ct. 269, 19 L.Ed.2d 305 (1967); In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
We have reviewed the district courts docket and Tuckers petition, and we conclude that he fails to show that he is entitled to the requested relief. Accordingly, we deny the petition for a 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
PER CURIAM:
Petition denied by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.