UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
TYRONE HURT, Petitioner.
On Petition for Writ of Mandamus.
November 19, 2008
December 17, 2008
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Tyrone Hurt, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Tyrone Hurt petitions for a writ of mandamus, seeking the "immediate release of the appellee." Mandamus is a drastic
remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1974); In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). 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 A mandamus petitioner must show to to the relief sought, that the act
135, 138 (4th Cir. 1988). that he has a clear a right duty
requested, and that the plaintiff has no other adequate remedy. Id. We showing. conclude that Hurt has not made the required
Accordingly, while we grant leave to proceed in forma The motion
pauperis, we deny the petition for writ of mandamus. for appointment of counsel is denied.
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
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