UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7737
In Re: CARLOS DUKE,
Petitioner.
On Petition for Writ of Mandamus. (CR-90-389)
Submitted: January 29, 1999 Decided: March 19, 1999
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Carlos Duke, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Carlos Duke filed this petition for a writ of mandamus asking
this court to compel the district court to “produce a statement of
opinion.” The granting of a writ of mandamus is a drastic remedy
to be used in extraordinary circumstances. See In re Beard, 811
F.2d 818, 826 (4th Cir. 1987). A petitioner must show that he has
a clear right to the relief sought, that the respondent has a clear
duty to perform the act requested by petitioner, and that there is
no other adequate remedy available. See In re First Fed. Sav. &
Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Duke has failed to
make the requisite showing for such extraordinary relief; the
appropriate vehicle for challenging the district court’s decision
is an appeal. See In re United Steelworkers, 595 F.2d 58, 60 (4th
Cir. 1979). Accordingly, although we grant leave to proceed in
forma pauperis, we deny his petition for a 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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