In Re: Williams , 419 F. App'x 324 ( 2011 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-1068
    In Re:   DAVID W. WILLIAMS,
    Petitioner.
    On Petition for Writ of Mandamus.
    (7:10-cv-00404-jlk-mfu)
    Submitted:   March 3, 2011                  Decided:   March 21, 2011
    Before NIEMEYER, MOTZ, and AGEE, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    David W. Williams, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    David W. Williams petitions for a writ of mandamus
    seeking an order compelling his transfer to another correctional
    facility.          We conclude that Williams 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 Williams is not available by way
    of mandamus.             Accordingly, 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       the    court      and    argument         would     not   aid    the    decisional
    process.
    PETITION DENIED
    2
    

Document Info

Docket Number: 11-1068

Citation Numbers: 419 F. App'x 324

Judges: Agee, Motz, Niemeyer, Per Curiam

Filed Date: 3/21/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023