UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2021
In Re: MOSES LEON FAISON,
Petitioner.
On Petition for Writ of Mandamus.
(5:13-ct-03172-F)
Submitted: December 23, 2013 Decided: January 16, 2014
Before DAVIS and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Moses Leon Faison, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Moses Leon Faison petitions for a writ of mandamus
seeking an order compelling an administrative law judge to
process petitions challenging decisions of the North Carolina
Innocence Inquiry Commission. We conclude that Faision 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 Faison is not available by way of
mandamus. Accordingly, 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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