Charles Cassell, III
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
CHARLES M. CASSELL, III, Petitioner.
On Petition for Writ of Mandamus.
February 20, 2009
March 11, 2009
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charles M. Cassell, III, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Charles seeking an Cassell petitions the for a writ of mandamus, of Maury
superintendent him with legal
Mandamus is a drastic remedy to be used only Kerr v. United States Dist.
in extraordinary circumstances.
Court, 426 U.S. 394, 404 (1974); In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is available only when the In re: First
petitioner has a clear right to the relief sought.
Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). A mandamus petitioner must show that he has a clear right to the relief sought, that the respondent has a clear duty to perform the particular act requested, Id. and that the plaintiff has no
other adequate remedy.
We conclude that Cassell has not made the required showing. pauperis, dispense Accordingly, while we grant leave to proceed in forma we with deny oral the petition for writ the of mandamus. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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