Public-domain · open source
OpenJurist

326 F. App'x 173

In Re: Way v.

U.S. Courts of Appeals

Decided June 5, 2009

This page is marked noindex.

U.S. Courts of Appeals · decided 2009-06-05

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 2009-06-05

¶1 Petition denied by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Alan Beaver Laverte Way petitions for a writ of mandamus seeking an order to compel the district court to dismiss his indictment. We conclude that Way is not entitled to mandamus relief.

¶4 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. 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).

¶5 The relief sought by Way 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.

¶6 PETITION DENIED.

/326/fappx/173 · .json · Public domain