UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1404
In Re: GARY BUTERRA WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus.
(4:08-cr-00087-RGD-FBS-1)
Submitted: July 7, 2009 Decided: July 21, 2009
Before TRAXLER, Chief Judge, and WILKINSON and KING, Circuit
Judges.
Petition denied by unpublished per curiam opinion.
Gary Buterra Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Buterra Williams petitions for a writ of mandamus
seeking an order compelling the district court to dismiss the
indictment against him for violation of his rights to a speedy
trial. We conclude that Williams 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).
Here, Williams has failed to file a motion to dismiss
the indictment in the district court on speedy trial grounds.
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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