In Re: Greg Givens

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2348 In Re: GREG P. GIVENS, Petitioner. On Petition for Writ of Mandamus. Submitted: January 31, 2013 Decided: February 6, 2013 Before KEENAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Greg P. Givens, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Greg P. Givens petitions for a writ of mandamus seeking an order requiring various forms of relief in relation to an alleged conspiracy. We conclude that Givens 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). The relief sought by Givens 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 this Court and argument would not aid the decisional process. PETITION DENIED 2