UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1421
In Re: JIMMY LAWRENCE NANCE,
Petitioner.
On Petition for Writ of Mandamus.
(7:92-cr-00135-JCT-RSB-1)
Submitted: July 17, 2013 Decided: August 23, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jimmy Lawrence Nance, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jimmy Lawrence Nance petitions for a writ of mandamus
seeking an order compelling the district court to address claims
he contends were raised but not resolved in his 28 U.S.C.A.
§ 2255 (West Supp. 2013) proceedings. We conclude that Nance 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 Nance is not available by way of
mandamus. Accordingly, although we grant Nance leave to proceed
in forma pauperis, we deny the petition for writ of mandamus.
Nance’s motions for appointment of counsel and to amend the
mandamus petition are denied. 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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