In Re: Opande v. , 231 F. App'x 288 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6744
In Re: GEORGE OGUENO OPANDE,
Petitioner.
On Petition for Writ of Mandamus.
(1:05-cv-00748-GBL)
Submitted: June 6, 2007 Decided: July 3, 2007
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
George Ogueno Opande, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
George Ogueno Opande petitions for a writ of mandamus.
He seeks an order declaring his guilty plea and plea agreement
unconstitutional.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought. See In Re: First Fed. Sav. &
Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus
is a drastic remedy and should be used only 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).
Because Opande does not have a clear right to the
requested relief, we deny his petition for a writ of mandamus. We
grant leave to proceed in forma pauperis. 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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