In Re: Linder v. ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7489
In Re: DAVID WILLIAM LINDER,
Petitioner.
On Petition for Writ of Mandamus.
(2:04-cr-00191-JBF)
Submitted: February 22, 2007 Decided: March 1, 2007
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David William Linder, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David William Linder petitions for a writ of mandamus
seeking an order directing the Warden of the United States
Penitentiary in Terre Haute, Indiana, to provide him with a compact
disk that allegedly contains evidence relevant to his criminal
conviction. We deny the petition.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought and no other means to seek the
requested relief. 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). Linder has not established that
he is entitled to the relief sought and fails to establish the
requisite extraordinary circumstances.
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
- 2 -