UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6571
IN RE: WILLIAM LEWIS,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: July 27, 2005 Decided: August 5, 2005
Before KING, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William Lewis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
William Lewis petitions for writ of mandamus, seeking an
order compelling the United States Parole Commission to release him
on parole. 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). 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 All Writs Act extends only to issuance
of writs necessary or appropriate in aid of appellate
jurisdiction).
The relief sought by Lewis is not available by way of
mandamus. Accordingly, although we grant Lewis’ motion 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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