Source: United States Court of Appeals for the Fourth Circuit
Date: 2011-12-22
Jurisdiction: United States
Docket: No. 11-1935
Citation: 459 F. App'x 293
Opinion
Petition denied by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dwayne Curtis Deleston petitions for a writ of mandamus seeking an order from this court directing his immediate release from prison and monetary compensation. We conclude that Deleston is not entitled to mandamus relief. Mandamus relief 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); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir.2003).
Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.1988). The relief sought by Deleston is not available by way of mandamus. Accordingly, we deny leave to proceed in forma pauperis and 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.