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305 F. App'x 58

In re Reese

U.S. Courts of Appeals

Decided December 11, 2008

U.S. Courts of Appeals · decided 2008-12-11

Relies on Kerr v. United States Dist. Court for Northern Dist. of Cal. · In Re First Federal Savings And Loan Association Of Durham · In Re Diana R Beard et Als

Decided 2008-12-11

PER CURIAM:

¶1Willie Lewis Reese petitions for a writ of mandamus, seeking orders relieving him of an allegedly illegal sentence and remanding him to the district court for re-sentencing and an evidentiary hearing concerning his counsel’s performance. We deny the petition.

¶2Mandamus 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 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 818, 826 (4th Cir.1987).

¶3The relief sought by Reese is not available by way of mandamus. Accordingly, although we grant leave to proceed in for-ma 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.

¶4PETITION DENIED.

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