UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1595
In Re: RANDY DRUMMOND,
Petitioner.
On Petition for Writ of Mandamus. (2:07-cv-03031-TLW)
Submitted: September 21, 2009 Decided: October 21, 2009
Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Randy Drummond, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Randy Drummond petitions for a writ of mandamus
seeking an order directing the district court to allow him to
file an application for a certificate of appealability of the
district court’s orders denying relief on his 28 U.S.C. § 2254
(2006) petition and denying his motion for reconsideration. We
previously denied a certificate of appealability and dismissed
Drummond’s appeal as to both orders. We conclude that Drummond
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).
The relief sought by Drummond 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
also deny Drummond’s motion to compel answer. 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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