James Owens

Filing 920090107

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2236

In Re:

JAMES JOSEPH OWENS, Petitioner.

On Petition for Writ of Mandamus.

Submitted:

December 16, 2008

Decided:

January 7, 2009

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

Petition denied by unpublished per curiam opinion.

James Joseph Owens, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Joseph Owens petitions for a writ of mandamus, seeking both a declaration that he is a "prima facie multiple victim of double jeopardy" and an order that the district court "vacate sentences and immediately release" him. 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. pauperis, dispense conclude that Owens has not made the required

Accordingly, while we grant leave to proceed in forma we with deny oral the petition for writ the of mandamus. and We legal

argument

because

facts

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

PETITION DENIED

2