Tyrone Hurt

Filing 920081217


Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2035 In Re: TYRONE HURT, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?