UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1765
In Re: STEVEN DESMOND PETERSON, a/k/a Primo,
Petitioner.
On Petition for Writ of Mandamus.
(3:94-cr-00046-H-3)
Submitted: October 28, 2011 Decided: November 3, 2011
Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Steven Desmond Peterson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steven Desmond Peterson petitions for a writ of
mandamus seeking an order directing the district court to vacate
two counts of his underlying conviction and resentencing. We
conclude that Peterson 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). Because Peterson
cannot show that he has such a right, the relief sought by
Peterson 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 the court and argument would
not aid the decisional process.
PETITION DENIED
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