UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1396
In re: MARTINEOUS LEON HOPPER,
Petitioner.
On Petition for a Writ of Mandamus.
(1:05-cr-00031-MR-2; 1:08-cv-00442-LHT)
Submitted: July 26, 2012 Decided: August 1, 2012
Before MOTZ, DAVIS, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Martineous Leon Hopper, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Martineous Leon Hopper petitions for a writ of
mandamus seeking an order directing the district court to file
his second 28 U.S.C.A. § 2255 (West Supp. 2012) motion. We
conclude that Hopper 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).
It appears from the district court docket sheet in an
entry dated June 1, 2012, that a § 2255 motion is pending. The
June 1 document is the same memorandum of law filed as an
addendum to the present mandamus petition. Accordingly,
although we grant leave to proceed in forma pauperis, we deny
the petition for writ of mandamus as moot. 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
2