In re: Daniel J. Willis v. ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1788
In re: DANIEL J. WILLIS,
Petitioner.
On Petition for Writ of Mandamus.
(4:15-mc-00001-H)
Submitted: October 20, 2015 Decided: October 22, 2015
Before MOTZ, KEENAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daniel Johnson Willis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel J. Willis petitions for a writ of mandamus seeking
an order directing the district court to act on his motion to
file a new civil action. We conclude that Willis is not
entitled to mandamus relief. Mandamus relief is a drastic
remedy and should be used only in extraordinary circumstances.
Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976); United
States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003).
Further, mandamus relief is available only when the petitioner
has a clear right to the relief sought, which Willis has not
demonstrated. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135,
138 (4th Cir. 1988). To the extent Willis argues delay, we find
the present record does not reveal undue delay in the district
court. Accordingly, although we grant leave to proceed in forma
pauperis and grant Willis’s motions for leave to file a petition
for writ of mandamus, we deny the petition for writ of mandamus
and amended petition. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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