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201 F. App'x 930

In Re: Zindadil v.

U.S. Courts of Appeals

Decided October 3, 2006

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U.S. Courts of Appeals · decided 2006-10-03

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · Allied Chemical Corporation v. Daiflon Inc · In Re First Federal Savings And Loan Association Of Durham

Decided 2006-10-03

PER CURIAM:

¶1 Mohammad Zindadil petitions for a writ of mandamus seeking an order requiring the Government to file a Fed.R.Crim.P. 35 motion. We conclude that Zindadil is not entitled to mandamus relief. 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). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. *931 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). The party seeking mandamus relief must show that he has no other means of obtaining the requested relief. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980).

¶2 The relief sought by Zindadil is not available by way of mandamus. Accordingly, 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.

¶3 PETITION DENIED.

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