In Re: Johnny Gore

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1357
In re: JOHNNY LEE GORE, a/k/a Manager,
Petitioner.
On Petition for Writ of Mandamus.
(4:01-cr-00627-CWH-9; 4:11-cv-70069-CWH)
Submitted: April 18, 2013 Decided: April 23, 2013
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Johnny Lee Gore, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnny Lee Gore petitions for a writ of mandamus
seeking an order directing the district court to rule on a
motion filed March 26, 2002, during the course of Gore’s
criminal proceedings. Gore was eventually convicted and a
judgment was entered November 20, 2002. We conclude that Gore
is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
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 Gore is not available by way of
mandamus, as his criminal case is closed. 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 this court and argument would not aid
the decisional process.
PETITION DENIED
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