UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1534
In re: DANIEL J. WILLIS,
Petitioner.
On Petition for Writ of Mandamus
(4:15-mc-00007-H)
Submitted: September 13, 2016 Decided: September 16, 2016
Before TRAXLER, AGEE, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daniel Johnson Willis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel J. Willis petitions for a writ of mandamus seeking
an order directing the district court to act on his motion to
file a new civil action and seeking to invalidate the prefiling
injunctions. We conclude that Willis is not entitled to
mandamus relief. Mandamus relief is a drastic remedy and should
be used only in extraordinary circumstances. Kerr v. U.S. 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, which Willis has not demonstrated. In re First
Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). To
the extent Willis alleges delay, we find the present record does
not reveal undue delay in the district court. 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
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