UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2322
In Re: FELIX ORIAKHI,
Petitioner.
On Petition for Writ of Mandamus.
(1:90-cr-00072-PJM-12)
Submitted: March 17, 2009 Decided: March 19, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Felix Oriakhi, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Felix Oriakhi petitions for a writ of mandamus seeking
an order directing the district court to release him. We
conclude that Oriakhi 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 Oriakhi 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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