UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6441
In Re: ALANI OLUSEGUN ARAWOLE,
Petitioner.
On Petition for Writ of Mandamus. (CR-97-283)
Submitted: April 25, 2002 Decided: May 8, 2002
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Alani Olusegun Arawole, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alani Olusegun Arawole filed this mandamus petition seeking to
compel the district court to act on his 28 U.S.C.A. § 2255 (West
Supp. 2001) motion. Mandamus is a drastic remedy only to be used
in extraordinary circumstances. In re Beard, 811 F.2d 818, 826
(4th Cir. 1987). Mandamus relief is available only when the
petitioner has a clear right to the relief sought and there are no
other means for obtaining the requested relief. Allied Chem. Corp.
v. Daiflon, Inc., 449 U.S. 33, 35 (1980); Beard, 811 F.2d at 826.
Arawole 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
Arawole’s § 2255 motion by the district court.
Accordingly, we deny his mandamus petition without prejudice
to Arawole’s right to file another mandamus petition if the
district court does not act expeditiously. 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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