In Re: Robinson v. , 255 F. App'x 731 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7388
In Re: TYRONE LORENZO ROBINSON,
Petitioner.
On Petition for Writ of Mandamus. (2:05-cv-03198-SB)
Submitted: November 15, 2007 Decided: November 27, 2007
Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Tyrone Lorenzo Robinson, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrone Lorenzo Robinson petitions for a writ of mandamus
seeking an order directing the district court to schedule a trial
date in his action filed pursuant to 42 U.S.C. § 1983 (2000). We
conclude that Robinson is not entitled to mandamus relief.
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). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). The
relief sought by Robinson is not available by way of mandamus and,
to the extent Robinson alleges undue delay by the district court,
we find there has been no undue delay in the handling of Robinson’s
case on remand. Accordingly, although we grant Robinson’s motion
to proceed in forma pauperis, we deny the 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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