UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7108
In Re: MOHAMMAD ZINDADIL,
Petitioner.
On Petition for Writ of Mandamus
(No. 1:01-cr-00190)
Submitted: September 26, 2006 Decided: October 3, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Mohammad Zindadil, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mohammad Zindadil petitions for a writ of mandamus
seeking an order requiring the Government to file a Fed. R. Crim.
P. 35 motion. We conclude that Zindadil is not entitled to
mandamus relief. Mandamus relief is available only when the
petitioner has a clear right to the relief sought. 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. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir.
1987). The party seeking mandamus relief must show that he has no
other means of obtaining the requested relief. Allied Chem.
Corp. v. Daiflon, Inc ., 449 U.S. 33, 35 (1980).
The relief sought by Zindadil is not available by way of
mandamus. 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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