UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2270
In Re: THOMAS W. HILL,
Petitioner.
On Petition for Writ of Mandamus. (1:08-cv-00080-LHT)
Submitted: February 26, 2009 Decided: March 3, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Thomas W. Hill, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas W. Hill petitions for a writ of mandamus
seeking an order from this court directing the bankruptcy court
to dismiss his involuntary bankruptcy proceeding. We conclude
that Hill 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 Hill 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
2