UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6172
In Re: CHARLES LEE ALLEN,
Petitioner.
On Petition for Writ of Mandamus. (CA-99-314)
Submitted: March 23, 2000 Decided: March 31, 2000
Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charles Lee Allen, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles Lee Allen has filed a petition for a writ of mandamus
asking this court to compel the district court to issue a decision
on his petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2241 (1994). The granting of a writ of mandamus is a
drastic remedy to be used in extraordinary circumstances. See In
re Beard, 811 F.2d 818, 826 (4th Cir. 1987). A petitioner must
show that he has a clear right to the relief sought, that the re-
spondent has a clear duty to perform the act requested by peti-
tioner, and that there is no other adequate remedy available. See
In re First Fed. Sav. & Loan Ass’n, 869 F.2d 135, 138 (4th Cir.
1988). Allen has failed to make the requisite showing for such
extraordinary relief. Our review of the district court docket
sheet discloses that there has been no undue delay in considering
Allen’s petition for writ of habeas corpus. Although we grant
Allen’s motion to proceed in forma pauperis, we deny his petition
for writ of mandamus without prejudice to Allen filing another
mandamus petition if the district court does not act expeditiously.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
PETITION DENIED
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