In Re: Williams v. , 284 F. App'x 50 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1123
In re: STANLEY LORENZO WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus. (1:03-cv-00299-NCT)
Submitted: May 30, 2008 Decided: July 23, 2008
Before MICHAEL, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Stanley Lorenzo Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stanley Lorenzo Williams petitions for a writ of mandamus
seeking an order compelling the chief judge of the United States
District Court for the Middle District of North Carolina to act on
his objections to the magistrate judge’s October 31, 2007, order
rejecting post-judgment motions in Williams’ 28 U.S.C. § 2254(2000) proceeding. We conclude that Williams 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 record reveals that the chief judge is not assigned
to Williams’ case and that the assigned judge has already ruled on
Williams’ objections to the magistrate judge’s October 31, 2007,
order. Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petition for writ of mandamus. Williams’
motions for expansion of the record and for a permanent stay of
execution of his state court sentences and to expedite
consideration of the motion for stay are denied. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before the court and argument
would not aid the decisional process.
PETITION DENIED
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