Cleveland McLean, Jr.

Filing 920080915

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1616 In Re: CLEVELAND MCLEAN, JR., Petitioner. On Petition for Writ of Mandamus. (2:90-cr-00105-HCM-TEM-5) Submitted: September 11, 2008 Decided: September 15, 2008 Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Cleveland McLean, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cleveland McLean, Jr., petitions for a writ of mandamus seeking amendment to his criminal sentence. McLean is not entitled to mandamus relief. We conclude that 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 Further, mandamus is a drastic remedy and should only Kerr v. United States Cir. 1988). be used in extraordinary circumstances. Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). The relief sought by McLean is not available by way of mandamus. 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. PETITION DENIED 2

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