UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7159
In Re: RAYMOND OUTLER,
Petitioner.
On Petition for Writ of Mandamus. (CA-99-213-5)
Submitted: August 14, 2001 Decided: September 20, 2001
Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Raymond Outler, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Raymond Outler filed a petition for writ of mandamus seeking
an order directing the district court to appoint him counsel and
hold an evidentiary hearing in regards to his petition filed under
28 U.S.C. § 2241 (1994). A magistrate judge filed findings and a
recommendation on November 7, 2000, but the district court has
taken no action since that time. The body of Outler's mandamus
petition leads us to construe it as also requesting that we compel
the district court to act on the magistrate judge's findings and
recommendations.
Mandamus is a drastic remedy to be used only in extraordinary
circumstances. See In re Beard, 811 F.2d 818, 826 (4th Cir. 1987)
(citing Kerr v. United States Dist. Ct., 426 U.S. 394, 402 (1976)).
We decline to exercise our supervisory power to take the extra-
ordinary action of issuing a writ of mandamus in this case. There-
fore, we deny leave to proceed in forma pauperis and deny the
petition for writ of mandamus without prejudice to Outler’s right
to file another mandamus petition if the district court does not
act within a reasonable time. 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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