In Re: Miller

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-1127

In Re: HENRY EARL MILLER,

Petitioner.

On Petition for Writ of Mandamus.
(6:04-cr-00022-HFF-3)

Submitted: August 19, 2010 Decided: August 26, 2010

Before MOTZ, GREGORY, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Henry Earl Miller, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Henry Earl Miller petitions for a writ of mandamus

seeking modification of the transcript of his sentencing

proceeding. We conclude that Miller 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 Miller is not available by way of

mandamus. Accordingly, we deny the petition for writ of

mandamus. We deny Miller’s pending motions. 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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