UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6974
In Re: DARRELL L. PADGETT,
Petitioner.
On Petition for Writ of Mandamus.
(Nos. 1:07-cv-00068; 1:06-cv-00724; 1:91-cr-00166)
Submitted: October 11, 2007 Decided: October 17, 2007
Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Darrell L. Padgett, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrell L. Padgett petitions for a writ of mandamus
seeking an order requiring the district court to act on his pending
Fed. R. Crim. P. 36 and 28 U.S.C. § 2255 (2000) motions. He also
seeks a reduction in his criminal sentence. We conclude that
Padgett 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).
A reduction of Padgett’s sentence is not available by way
of mandamus. In addition, we find no unreasonable delay in the
district court’s proceedings. Accordingly, we grant Padgett’s
motion to proceed in forma pauperis and deny his 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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