In Re: Padgett v.

Filing 920071017


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6974 In Re: DARRELL L. PADGETT, Petitioner. On Petition for Writ of Mandamus. (Nos. 1:07-cv-00068; 1:06-cv-00724; 1:91-cr-00166) Submitted: October 11, 2007 Decided: October 17, 2007 Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Darrell L. Padgett, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darrell L. Padgett petitions for a writ of mandamus seeking an order requiring the district court to act on his pending Fed. R. Crim. P. 36 and 28 U.S.C. 2255 (2000) motions. seeks a reduction in his criminal sentence. Padgett 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 Further, mandamus is a used in extraordinary He also We conclude that Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). drastic remedy and should only be circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). A reduction of Padgett's sentence is not available by way of mandamus. In addition, we find no unreasonable delay in the Accordingly, we grant Padgett's district court's proceedings. motion to proceed in forma pauperis and deny his 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. PETITION DENIED - 2 -

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