UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1657
In Re: HARVEY P. SHORT,
Petitioner.
On Petition for Writ of Mandamus. (2:09-cv-00119)
Submitted: October 29, 2010 Decided: November 8, 2010
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Harvey P. Short, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Harvey P. Short petitions for a writ of mandamus
seeking an order to compel the Commissioner of the Social
Security Administration and an Assistant United States Attorney
in West Virginia to make back payments of Social Security
benefits to which Short claims he is entitled. We conclude that
Short 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 may be obtained only when the petitioner has a
clear right to the relief sought and there is no other available
remedy. In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001); In re
First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
Because Short had another available remedy, and has
availed himself of that remedy by filing an action currently
pending in federal district court, relief 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 dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
PETITION DENIED
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