In Re: Stuart Tompkins v. ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2206
In Re: STUART WAYNE TOMPKINS,
Petitioner.
On Petition for Writ of Mandamus.
(1:10-cv-00978-TDS-LPA)
Submitted: December 30, 2013 Decided: January 14, 2014
Before SHEDD, FLOYD, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Stuart Wayne Tompkins, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stuart Wayne Tompkins petitions for a writ of mandamus
seeking assistance from this court in enforcing any possible
settlement this court may have issued in a prior appeal. *
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). The relief sought by Tompkins 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.
PETITION DENIED
*
We grant Tompkins’ request for leave to file the petition.
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