In Re: Padgett v.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DARRELL L. PADGETT, Petitioner.
On Petition for Writ of Mandamus. (Nos. 1:07-cv-00068; 1:06-cv-00724; 1:91-cr-00166)
October 11, 2007
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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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.
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