UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1616
In Re: CLEVELAND MCLEAN, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(2:90-cr-00105-HCM-TEM-5)
Submitted: September 11, 2008 Decided: September 15, 2008
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Cleveland McLean, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cleveland McLean, Jr., petitions for a writ of mandamus
seeking amendment to his criminal sentence. We conclude that
McLean 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 relief sought by McLean 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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