In Re: Francis v. , 208 F. App'x 278 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7636
IN RE: RAYMOND JEROME FRANCIS,
Petitioner.
On Petition for a Writ of Mandamus.
(1:96-cr-00021-1)
Submitted: November 21, 2006 Decided: December 4, 2006
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Raymond Jerome Francis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Raymond Jerome Francis petitions for a writ of mandamus
seeking an order directing the district court to vacate the
sentence imposed after a jury found him guilty of drug and firearms
offenses. We conclude that Francis is not entitled to mandamus
relief.
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). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). The
relief sought by Francis is not available by way of mandamus.
Accordingly, although we grant Francis’ motion for 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
the court and argument would not aid the decisional process.
PETITION DENIED
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