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550 F. App'x 164

In re Faison

U.S. Courts of Appeals

Decided January 16, 2014

U.S. Courts of Appeals · decided 2014-01-16

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

Decided 2014-01-16

PER CURIAM:

¶1Moses Leon Faison petitions for a writ of mandamus seeking an order compelling an administrative law judge to process petitions challenging decisions of the North Carolina Innocence Inquiry Commission. We conclude that Faision is not entitled to mandamus relief.

¶2Mandamus relief 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); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, 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).

¶3The relief sought by Faison 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 this court and argument would not aid the decisional process.

¶4PETITION DENIED.

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