Source: United States Court of Appeals for the Fourth Circuit
Date: 2006-02-23
Jurisdiction: United States
Docket: No. 06-6050
Citation: 167 F. App'x 966
Opinion
PER CURIAM: Raphael Mendez petitions for a writ of mandamus. He seeks an order compelling the district court to expedite the date of his scheduled competency hearing and to have him appear in person rather than by video conferencing. 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 only be used in extraordinary 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). Because there is no indication Mendez has a clear right to the requested relief, we deny his petition. 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