Webber v. Department of Justice ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6421
PRINCE S. J. WEBBER,
Petitioner - Appellant,
versus
DEPARTMENT OF JUSTICE; UNITED STATES PAROLE
COMMISSION,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, Senior District Judge.
(CA-02-3093-FNS)
Submitted: July 1, 2003 Decided: July 24, 2003
Before TRAXLER, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Prince S. J. Webber, Appellant Pro Se. Allen F. Loucks, Neil Ray
White, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Prince S. J. Webber appeals from the district court’s denial
of his petition for a writ a mandamus, which sought an effective
parole date or an order to full term expiration from the United
States Parole Commission. Mandamus relief is only available 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 situations. Kerr v. United States Dist. Court, 426
U.S. 394, 402 (1976).
Because Webber fails to establish a clear right to the relief
he seeks, he is not entitled to mandamus relief. Thus, we affirm
the district court’s order for the reasons stated by the district
court. Webber v. Dep’t of Justice, No. CA-02-3093-FNS (D. Md. Feb.
20, 2003). We also deny Webber’s motion for appointment of counsel.
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.
AFFIRMED
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