UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6618
IN RE: LEROY ROBINSON,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: June 23, 2005 Decided: July 1, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Leroy Robinson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leroy Robinson petitions for writ of mandamus, seeking an
order compelling the United States Parole Commission to follow its
rules and regulations and award the proper sentencing credit.
Mandamus relief is available only when the petitioner has
a clear right to the relief sought. See In re First Fed. Sav. &
Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus
is a drastic remedy and should only be used in extraordinary
circumstances. See Kerr v. United States Dist. Court, 426 U.S.
394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
Moreover, jurisdiction to grant mandamus relief against an agency
of the United States lies with the district courts, not this court.
28 U.S.C. § 1361 (2000); 28 U.S.C. § 1651 (2000) (providing that
this court’s authority under the All Writs Act extends only to
issuance of writs necessary or appropriate in aid of appellate
jurisdiction); see Estate of Michael ex rel. Michael v. Lullo, 173
F.3d 503, 506 (4th Cir. 1999).
The relief sought by Robinson is not available by way of
mandamus. Accordingly, although we grant leave to proceed in forma
pauperis, 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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