UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2360
In Re: HERBERT CHAVIS,
Petitioner.
On Petition for Writ of Mandamus. (3:08-cv-00501-GCM)
Submitted: March 13, 2009 Decided: March 25, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Herbert Chavis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Herbert Chavis petitions for a writ of mandamus
seeking an order compelling the district court to conduct an
evidentiary hearing in a 28 U.S.C. § 2254 (2006) action that the
district court previously dismissed without prejudice. We
conclude that Chavis 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 be used only 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). It is available only where there is no other
available remedy. In re Braxton, 258 F.3d 250, 261 (4th Cir.
2001). Because Chavis had other means of obtaining relief,
namely to file an appeal from the district court’s order,
mandamus relief is not available.
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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