In Re: Dinsio v. , 252 F. App'x 542 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7326
In Re: AMIL ALFRED DINSIO, SR.; JAMES F.
DINSIO,
Petitioners.
On Petition for Writ of Mandamus.
(3:92-cr-00155-FDW)
Submitted: October 18, 2007 Decided: October 26, 2007
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Amil Alfred Dinsio, Sr., James F. Dinsio, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Amil Alfred Dinsio, Sr., and James F. Dinsio petition for
a writ of mandamus seeking an order directing the district court to
recall the detainer lodged against them for a supervised release
violation. We conclude that they are not entitled to mandamus
relief.
Mandamus relief is available only when a 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 Amil and James Dinsio is not
available by way of mandamus. Accordingly, although we grant leave
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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