UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2236
In Re: JAMES JOSEPH OWENS,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: December 16, 2008 Decided: January 7, 2009
Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James Joseph Owens, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Joseph Owens petitions for a writ of mandamus,
seeking both a declaration that he is a “prima facie multiple
victim of double jeopardy” and an order that the district court
“vacate sentences and immediately release” him. Mandamus is a
drastic remedy to be used only in extraordinary circumstances.
Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1974); In
re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). 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). A mandamus petitioner must show
that he has a clear right to the relief sought, that the
respondent has a clear duty to perform the particular act
requested, and that the plaintiff has no other adequate remedy.
Id.
We conclude that Owens has not made the required
showing. Accordingly, while 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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