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37 F. App'x 675

In Re: Walker v.

U.S. Courts of Appeals

Decided June 19, 2002

U.S. Courts of Appeals · decided 2002-06-19

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on In Re Diana R Beard et Als

Decided 2002-06-19

PER CURIAM.

¶1 Ivey Walker, a federal prisoner, filed a petition for a writ of mandamus alleging undue delay in the district court. Walker filed a habeas corpus petition pursuant to 28 U.S.C.A. § 2241 (West 2000) on February 20, 2002.

¶2 The writ of mandamus is a drastic remedy and should only be granted in those extraordinary situations when no other remedy is available. In re: Beard, 811 F.2d 818, 826 (4th Cir.1987). We find that there has been no undue delay in the district court. We therefore deny the petition for mandamus relief.

¶3 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.

¶4 PETITION DENIED.

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