Herbert Chavis

Filing 920090325

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2360

In Re:

HERBERT CHAVIS, Petitioner.

On Petition for Writ of Mandamus.

(3:08-cv-00501-GCM)

Submitted:

March 13, 2009

Decided:

March 25, 2009

Before KING, DUNCAN, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Herbert Chavis, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Herbert Chavis petitions for a writ of mandamus

seeking an order compelling the district court to conduct an evidentiary hearing in a 28 U.S.C. § 2254 (2006) action that the district court previously dismissed without prejudice. We

conclude that Chavis is not entitled to mandamus 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). be used Further, only in

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). It is available only where there is no other

available remedy. 2001). namely Because to file

In re Braxton, 258 F.3d 250, 261 (4th Cir. had other from means the of obtaining court's relief, order,

Chavis an

appeal

district

mandamus relief is not available. Accordingly, although we grant leave to proceed in We

forma pauperis, we deny the petition for writ of mandamus. 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