UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1590
In re: CLAUDE WENDELL BELLAMY,
Petitioner.
On Petition for Writ of Mandamus.
(7:99-cr-00049-F-1; 7:03-cv-00024-F)
Submitted: July 25, 2013 Decided: July 29, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Claude Wendell Bellamy, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Claude Wendell Bellamy petitions for a writ of
mandamus seeking an order directing the district court to
adjudicate a particular claim raised in a 28 U.S.C.A. § 2255
(West Supp. 2013) motion. We conclude that Bellamy is not
entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court, 426 U.S. 394, 402 (1976); United States v.
Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further,
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).
The relief sought by Bellamy is not available by way
of mandamus. In this case, the particular issue was previously
considered by the district court and reviewed by this court.
See United States v. Bellamy, No. 00-4662, 2002 WL 80259 (4th
Cir. Jan 22, 2002) (unpublished). 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 this court and argument would not aid the
decisional process.
PETITION DENIED
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