Source: United States Court of Appeals for the Fourth Circuit
Date: 2007-03-01
Jurisdiction: United States
Docket: No. 06-7489
Citation: 219 F. App'x 272
Opinion
PER CURIAM: David William Linder petitions for a writ of mandamus seeking an order directing the Warden of the United States Penitentiary in Terre Haute, Indiana, to provide him with a compact disk that allegedly contains evidence relevant to his criminal conviction. We deny the petition. Mandamus relief is available only when the petitioner has a clear right to the relief sought and no other means to seek the requested relief. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. Kerr v.
United States Disk 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). Linder has not established that he is entitled to the relief sought and fails to establish the requisite extraordinary circumstances. 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.