Norman Dais

Filing 920081023

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1712

In Re:

NORMAN TYRONE DAIS,

Petitioner.

On Petition for Writ of Mandamus. (4:03-cr-00386-TLW)

Submitted:

October 21, 2008

Decided:

October 23, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Norman Tyrone Dais, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Norman Tyrone Dais petitions for a writ of mandamus seeking an order compelling the district court to forestall

ruling on his pending motion filed pursuant to 28 U.S.C. § 2255 (2000). relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. Loan Ass'n, is 860 a F.2d drastic 135, 138 (4th and In re First Fed. Sav. & Cir. 1988). only be Further, used in We conclude that Dais is not entitled to mandamus

mandamus

remedy

should

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 relief sought by Dais is not available by way of mandamus. pauperis dispense Accordingly, and with deny oral the we grant leave for to proceed of in forma We legal

petition

writ the

mandamus. and

argument

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

2