In Re: Pelissero v. ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-647
In Re: ROBERT PAUL PELISSERO,
Petitioner.
On Petition for Writ of Mandamus. (CA-96-57-1)
Submitted: January 23, 1997 Decided: January 31, 1997
Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Robert Paul Pelissero, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Paul Pelissero petitioned this court for a writ of
mandamus, alleging undue delay in the district court. Pelissero
filed a habeas corpus petition pursuant to 28 U.S.C. § 2241 (1994)
on April 5, 1996. On June 17, 1996, respondent filed a response to
the petition. In July 1996, Pelissero filed an answer, respondent
filed a supplemental response, and Pelissero in turn filed a reply.
The writ of mandamus is a drastic remedy and should only be
granted in those extraordinary situations when no other remedy is
available. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Because
there has been significant action in this case within the last six
months of the filing of the instant petition, we find that there
has been no unreasonable delay in the district court. Therefore, we
deny the petition. 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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