In Re: Gore v. , 195 F. App'x 149 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6830
In Re: JOHNNY LEE GORE,
Petitioner.
On Petition for Writ of Mandamus.
(4:01-cr-00627-CWH)
Submitted: June 26, 2006 Decided: August 18, 2006
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Johnny Lee Gore, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Johnny Lee Gore petitions for writ of mandamus seeking an
order compelling the district court to release grand jury
transcripts.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought and no other means to seek that
relief. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th
Cir. 1988); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Further, mandamus is a drastic remedy and should be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard, 811 F.2d at 826.
Gore does not have a clear right to the grand jury
transcripts he seeks, nor does this case involve extraordinary
circumstances. Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for writ of mandamus. We deny
as moot Gore’s motion to expedite. 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.
PETITION DENIED
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