In re: Watts v. , 53 F. App'x 723 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7714
In Re: ANDRE SYLVESTER WATTS,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: December 11, 2002 Decided: January 8, 2003
Before WILKINS, NIEMEYER, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Andre Sylvester Watts, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Andre S. Watts petitions for a writ of mandamus. Watts seeks
an order compelling the United States Parole Commission to grant a
parole hearing.
Mandamus relief is available only when the petitioner has a
clear right to the relief sought. See In re First Fed. Sav. & Loan
Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. See Kerr v. United States Dist. Court, 426 U.S.
394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Moreover, jurisdiction to grant mandamus relief against an agency
of the United States lies with the district courts, not this court.
28 U.S.C. § 1361 (2000); Estate of Michael v. Lullo, 173 F.3d 503,
506 (4th Cir. 1999).
Accordingly, although we grant leave to proceed in forma
pauperis, we deny without prejudice 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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