In Re: Zindadil v.

Filing 920061003


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7108 In Re: MOHAMMAD ZINDADIL, Petitioner. On Petition for Writ of Mandamus (No. 1:01-cr-00190) Submitted: September 26, 2006 Decided: October 3, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Mohammad Zindadil, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Mohammad Zindadil petitions for a writ of mandamus seeking an order requiring the Government to file a Fed. R. Crim. P. 35 motion. mandamus relief. We conclude that Zindadil is not entitled to Mandamus relief is available only when the In re First petitioner has a clear right to the relief sought. 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 party seeking mandamus relief must show that he has no Allied Chem. other means of obtaining the requested relief. Corp. v. Daiflon, Inc ., 449 U.S. 33, 35 (1980). The relief sought by Zindadil is not available by way of mandamus. We Accordingly, we deny the petition for writ of mandamus. with oral argument because the facts and legal dispense contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED - 2 -

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