In Re: Ryan Ramey v.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1193 In Re: RYAN RANDALL RAMEY, Petitioner. On Petition for Writ of Mandamus. (8:09-cr-00162-RWT-1) Submitted: June 27, 2014 Decided: July 15, 2014 Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Ryan Randall Ramey, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ryan Randall Ramey petitions for a writ of mandamus seeking an order directing the district court to rule on a certificate of appealability. We conclude that Ramey 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 Ramey 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 before this court and argument would not aid the decisional process. PETITION DENIED 2