In Re: Bernard McFadden v. ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1086
In Re: BERNARD MCFADDEN,
Petitioner.
On Petition for Writ of Mandamus.
(5:13-cv-02290-JMC)
Submitted: April 23, 2015 Decided: April 28, 2015
Before SHEDD, DUNCAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bernard McFadden, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bernard McFadden petitions for a writ of mandamus seeking
an order directing the district court to issue an order
compelling discovery or an injunction. We conclude that
McFadden is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances. Kerr v. U.S. 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 McFadden 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
2