In Re: Hurt v. , 304 F. App'x 155 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2035
In Re: TYRONE HURT,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: November 19, 2008 Decided: December 17, 2008
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Tyrone Hurt, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrone Hurt petitions for a writ of mandamus, seeking
the “immediate release of the appellee.” Mandamus is a drastic
remedy to be used only in extraordinary circumstances. Kerr v.
United States Dist. Court, 426 U.S. 394, 402 (1974); 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. In re: First Fed. Sav. & Loan Ass’n, 860 F.2d
135, 138 (4th Cir. 1988). A mandamus petitioner must show
that he has a clear right to the relief sought, that the
respondent has a clear duty to perform the particular act
requested, and that the plaintiff has no other adequate remedy.
Id.We conclude that Hurt has not made the required
showing. Accordingly, while we grant leave to proceed in forma
pauperis, we deny the petition for writ of mandamus. The motion
for appointment of counsel is denied. 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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