UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1297
In re: JOHN ROOSEVELT BACCUS,
Petitioner.
On Petition for Writ of Mandamus
Submitted: August 20, 2009 Decided: August 24, 2009
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
John Roosevelt Baccus, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Roosevelt Baccus petitions for a writ of mandamus
seeking an order directing the release of materials related to
grand jury proceedings. We conclude that Baccus 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 Baccus is not available by way of
mandamus because there are other remedies available.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny Baccus’s motion to appoint counsel and 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