In Re: Deleston v. ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6399
In Re: DWAYNE DELESTON,
Petitioner.
On Petition for Writ of Mandamus.
(2:02-cv-03895-DCN)
Submitted: July 24, 2007 Decided: July 30, 2007
Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dwayne Deleston, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dwayne Deleston petitions for a writ of mandamus seeking
an order directing the district court to conduct an evidentiary
hearing on his motion to amend a prior 28 U.S.C. § 2255 (2000)
motion. We conclude that Deleston 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 Deleston is not available by way of
mandamus. Accordingly, although we grant Deleston’s motion 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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