UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6517
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RIGOBERTO HERNANDEZ-PORTILLO, a/k/a Tiny, a/k/a Carlos
Antonio Martinez,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:07-cr-00081-GBL-4)
Submitted: June 14, 2012 Decided: June 20, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rigoberto Hernandez-Portillo, Appellant Pro Se. Beth Nicole
Gibson, DEPARTMENT OF HOMELAND SECURITY, Washington, D.C.;
Patrick Friel Stokes, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rigoberto Hernandez-Portillo seeks to appeal the
district court’s order denying his motion for financial
assistance of counsel. This court may exercise jurisdiction
only over final orders, 28 U.S.C. § 1291 (2006), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2006);
Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S. 541, 545-46 (1949). The order Hernandez-Portillo seeks
to appeal is neither a final order nor an appealable
interlocutory or collateral order. Accordingly, we dismiss the
appeal for lack of jurisdiction. We also deny Hernandez-
Portillo’s petition for 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), which is not the case here. 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.
DISMISSED
2