In re Henry v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-531
In Re: LEVERN HENRY,
Petitioner.
On Petition for Writ of Mandamus. (CA-95-3971-O-OBD)
Submitted: August 22, 1996 Decided: September 3, 1996
Before RUSSELL, HALL, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Levern Henry, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Petitioner filed a petition for writ of mandamus, seeking to
have his 28 U.S.C. § 2241 (1988) action transferred to this court
or have default judgment entered in his favor due to the Respon-
dents' delay in filing a response. Petitioner failed to show that
he has a clear right to the relief sought and that no other remedy
is available. In re First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138
(4th Cir. 1988); see Stines v. Martin, 849 F.2d 1323, 1324 (10th
Cir. 1988). While we grant leave to proceed in forma pauperis, we
deny the petition for a 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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