Source: United States Court of Appeals for the Fourth Circuit
Date: 2006-08-18
Jurisdiction: United States
Docket: No. 06-6830
Citation: 195 F. App'x 149
Opinion
PER CURIAM: Johnny Lee Gore petitions for writ of mandamus seeking an order compelling the district court to release grand jury transcripts. Mandamus relief is available only when the petitioner has a clear right to the relief sought and no other means to seek that relief. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988); In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Further, mandamus 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); In re Beard, 811 F.2d at 826.
Gore does not have a clear right to the grand jury transcripts he seeks, nor does this case involve extraordinary circumstances. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We deny as moot Gore’s motion to expedite. 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