UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2173
In Re: JEREMY R. MARTIN,
Petitioner.
On Petition for Writ of Mandamus. (5:08-ct-03013-BO)
Submitted: December 9, 2008 Decided: December 24, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jeremy R. Martin, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jeremy R. Martin petitions for a writ of mandamus. He
seeks an order granting two requests for subpoenas pending in
the district court and a second motion for an extension of time
to respond to the motion for summary judgment. We note that the
district court’s docket sheet does not show that a second motion
for an extension of time was filed by Martin.
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). Further,
mandamus is a drastic remedy and should be used only 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).
Because Martin does not have a clear right to the
requested relief, we 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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