UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1331
In re: ERIC FLORES,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: April 18, 2013 Decided: April 23, 2013
Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Eric Flores, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eric Flores petitions for a writ of mandamus, alleging
that the Deputy Assistant Secretary for Enforcement of the U.S.
Department of Education has unduly delayed in ruling on his
appeal. He seeks an order from this court directing the Deputy
Assistant Secretary to impose sanctions against the University
of Texas at El Paso for alleged violations of Titles VI and VII
of the Civil Rights Act.
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 Flores is not available by way of
mandamus. Accordingly, we deny leave to proceed in forma
pauperis, deny Flores’ motions to exceed length limitations, and
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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