UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1475
In re: JONATHAN HENSLEE,
Petitioner.
On Petition for Writ of Mandamus.
(1:13-cv-00090-RJC)
Submitted: September 25, 2014 Decided: September 29, 2014
Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Jonathan Leigh Henslee, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jonathan Leigh Henslee petitions for a writ of
mandamus seeking an order compelling the district court to
expedite proceedings in his pending 42 U.S.C. § 1983 (2012)
action. He also moves to amend his mandamus petition to compel
the district court to reconsider its order denying his motions
for default judgment. We grant Henslee’s motion to amend, but
we conclude that he 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).
With regard to Henslee’s request for an order from
this court directing the district court to expedite proceedings,
we find there has been no undue delay in the district court.
Turning to Henslee’s request for an order compelling the
district court to reconsider its denial of his motions for
default judgment, Henslee has failed to demonstrate that he is
entitled to a writ of mandamus. Accordingly, we deny the
petition for writ of mandamus and the amended petition for writ
of mandamus. We dispense with oral argument because the facts
2
and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
PETITION DENIED
3