In re: Sartori v. , 43 F. App'x 562 ( 2002 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-6959
    In Re:   HELFRIED E. SARTORI,
    Petitioner.
    On Petition for Writ of Mandamus.    (CA-01-573-AM)
    Submitted:   July 25, 2002                   Decided:   August 2, 2002
    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Helfried E. Sartori, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Helfried E. Sartori, a Virginia inmate convicted of practicing
    medicine without a license, petitions this Court for a writ of
    mandamus directing recission of this Court’s order dismissing
    Sartori’s appeal from the denial of his 
    28 U.S.C.A. § 2254
     (West
    1994 & Supp. 2002) habeas corpus petition.   However, mandamus is a
    drastic remedy to be used in extraordinary circumstances, In re
    Beard, 
    811 F.2d 818
    , 826-27 (4th Cir. 1987), requiring Sartori to
    demonstrate 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 Assn, 
    860 F.2d 135
    , 138 (4th Cir.
    1988).   Having reviewed Sartori’s petition for mandamus relief, we
    find Sartori is not entitled to the relief he seeks.   Accordingly,
    although we grant Sartori’s motion 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
    2
    

Document Info

Docket Number: 02-6959

Citation Numbers: 43 F. App'x 562

Judges: Motz, Per Curiam, Traxler, Wilkins

Filed Date: 8/2/2002

Precedential Status: Non-Precedential

Modified Date: 8/6/2023