Tyrone Hurt

Filing 920081217

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2035

In Re:

TYRONE HURT, Petitioner.

On Petition for Writ of Mandamus.

Submitted:

November 19, 2008

Decided:

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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

respondent

has

clear

perform

the

particular

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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