Charles Cassell, III

Filing 920090311

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1131

In Re:

CHARLES M. CASSELL, III, Petitioner.

On Petition for Writ of Mandamus.

(5:06-ct-03025-BO)

Submitted:

February 20, 2009

Decided:

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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

order

directing to

superintendent him with legal

Correctional

Institution

provide

supplies,

including paper.

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

argument

because

facts

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

PETITION DENIED

2