UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7049
In Re: ROBERT SCOTT ELLIS,
Petitioner.
On Petition for Writ of Mandamus. (CA-03-2197-5)
Submitted: September 20, 2004 Decided: October 5, 2004
Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert Scott Ellis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Scott Ellis brought this mandamus action seeking
an evidentiary hearing on his 28 U.S.C. § 2255 (2000) motion
pending in the district court. Ellis has failed to demonstrate
that he has a clear and indisputable right to mandamus relief and
that there are no other adequate means for obtaining the relief.
Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980).
Accordingly, 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 the court and
argument would not aid the decisional process.
PETITION DENIED
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