In Re: Linder v.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DAVID WILLIAM LINDER,
On Petition for Writ of Mandamus. (2:04-cr-00191-JBF)
February 22, 2007
March 1, 2007
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
David William Linder, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: David William Linder petitions for a writ of mandamus seeking an order directing the Warden of the United States
Penitentiary in Terre Haute, Indiana, to provide him with a compact disk that allegedly contains evidence relevant to his criminal conviction. We deny the petition.
Mandamus relief is available only when the petitioner has a clear right to the relief sought and no other means to seek the requested relief. In re First Fed. Sav. & Loan Ass'n, 860 F.2d Further, mandamus is a drastic remedy Kerr v.
135, 138 (4th Cir. 1988).
and should only be used in extraordinary circumstances.
United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Linder has not established that
he is entitled to the relief sought and fails to establish the requisite extraordinary circumstances. Accordingly, although we grant leave to proceed in forma pauperis, 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.
- 2 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?