UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6810
In Re: CORNELIUS TUCKER, JR.,
Petitioner.
No. 07-7056
In Re: CORNELIUS TUCKER, JR.,
Petitioner.
On Petitions for Writ of Mandamus.
(5:07-hc-02039; 5:07-hc-02128-H)
Submitted: September 10, 2007 Decided: September 21, 2007
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Cornelius Tucker, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In these consolidated petitions, Cornelius Tucker, Jr.,
petitions for writs of mandamus seeking orders directing two
district court judges to appoint a psychiatrist to examine Tucker,
and to hold a hearing under 18 U.S.C. § 4243(c) (2000). We
conclude that Tucker is not entitled to the requested 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 be used only 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). In a
prior appeal, we approved the district court’s decision to delay
the § 4243(c) hearing until Tucker’s release from state custody.
United States v. Tucker, 153 F. App’x 173 (4th Cir. 2005) (No. 05-
4336(L)). Nothing has changed in the interim to affect that
decision. See Tucker v. United States, 197 F. App’x 230 (4th Cir.
2006) (No. 06-6046) (affirming district court’s denial of 28 U.S.C.
§ 2241 (2000) petition raising similar claim).
Accordingly, although we grant leave to proceed in forma
pauperis in No. 07-6810, we deny the petitions for writ of
mandamus. We dispense with oral argument because the facts and
- 2 -
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
PETITIONS DENIED
- 3 -