UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1448
In re: TYRONE HURT,
Plaintiff - Appellant,
On Petition for Writ of Mandamus.
Submitted: July 21, 2009 Decided: August 14, 2009
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Tyrone Hurt, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrone Hurt petitions for a writ of mandamus, seeking
an order directing the U.S. District Court for the Eastern
District of Virginia “to rule or discharge on several civil
action complaints pending [sic].” He identified none of those
actions or complaints. Mandamus is a drastic remedy to be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1974). 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 find that Hurt has not made the required showing.
Accordingly, while we grant leave to proceed in forma pauperis,
we deny the petition for a writ of mandamus. The motion to send
Hurt all final orders and opinions from this court is denied.
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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