In Re: Franklin Smith v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1470
In Re: FRANKLIN CHARLES SMITH,
Petitioner.
On Petitions for Writs of Mandamus.
Submitted: August 10, 2016 Decided: August 30, 2016
Before MOTZ and AGEE, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Petitions denied by unpublished per curiam opinion.
Franklin Charles Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin Charles Smith has filed a petition for a writ of
mandamus and a supplemental petition for a writ of mandamus
seeking an order compelling the lifting of an extradition order
and his release from custody. We conclude that Smith 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.
In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.
1988). The relief sought by Smith is not available by way of
mandamus.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petitions for writs of mandamus. 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.
PETITIONS DENIED
2