UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1097
In Re: JOHN ROOSEVELT BACCUS,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: May 20, 2010 Decided: May 26, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 South Carolina Unified Judicial
System and South Carolina Department of Corrections managers to
cease interfering with his receipt of legal mail. He also
challenges his state conviction. 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 for appointment of counsel and
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 the court and argument would
not aid the decisional process.
PETITION DENIED
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