In Re: Terry Dowdell v. , 599 F. App'x 82 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2251
In re: TERRY DOWDELL,
Petitioner.
On Petition for Writ of Mandamus
(No. 5:14-cv-25032)
Submitted: February 27, 2015 Decided: April 2, 2015
Before WILKINSON and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Terry Dowdell, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terry Dowdell petitions for a writ of mandamus seeking an
order requiring resolution of his 28 U.S.C. § 2241 (2012)
petition within the time limits of 28 U.S.C. § 2243 (2012). We
conclude that Dowdell is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (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).
Because the relief sought by Dowdell is not clear and
indisputable, although we grant leave to proceed in forma
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
this court and argument would not aid the decisional process.
PETITION DENIED
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