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34 F. App'x 113

In re: Arawole v.

U.S. Courts of Appeals

Decided May 8, 2002

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U.S. Courts of Appeals · decided 2002-05-08

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Allied Chemical Corporation v. Daiflon Inc · Environmental Protection Agency v. National Crushed Stone Ass'n · In Re Diana R Beard et Als

Decided 2002-05-08

PER CURIAM.

¶1 Alani Olusegun Arawole filed this mandamus petition seeking to compel the district court to act on his 28 U.S.C.A. § 2255 (West Supp.2001) motion. Mandamus is a drastic remedy only to be used in extraordinary circumstances. In re Beard, 811 F.2d 818, 826 (4th Cir.1987). Mandamus relief is available only when the petitioner has a clear right to the relief sought and there are no other means for obtaining the requested relief. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 83, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980); Beard, 811 F.2d at 826. Arawole has failed to make the requisite showing for such extraordinary relief. Our review of the district court docket sheet discloses that there has been no undue delay in considering Arawole’s § 2255 motion by the district court. Accordingly, we deny his mandamus petition without prejudice to Arawole’s right to file another mandamus petition if the district court does not act expeditiously. 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.

¶2 PETITION DENIED.

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