UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6539
In Re: GARY DEAN BOONE,
Petitioner.
On Petition for Writ of Mandamus. (CR-97-733)
Submitted: April 15, 2002 Decided: April 29, 2002
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Gary Dean Boone, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Dean Boone has filed a petition for a writ of mandamus in
this court to compel the district court to consider his motions to
have a sentence corrected and reduced. The granting of a writ of
mandamus is a drastic remedy to be used in extraordinary
circumstances. In re Beard, 811 F.2d 818, 826-27 (4th Cir. 1987).
A petitioner must show that he has a clear right to the relief
sought, that the respondent has a clear duty to perform the act
requested by petitioner, and that there is no other adequate remedy
available. In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138
(4th Cir. 1988). Boone 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 the motions. Although we grant Boone’s motion to
proceed in forma pauperis, we deny his 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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