John Baccus

Filing 920090824

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1297

In re:

JOHN ROOSEVELT BACCUS, Petitioner.

On Petition for Writ of Mandamus

Submitted:

August 20, 2009

Decided: August 24, 2009

Before WILKINSON and Senior Circuit Judge.

MICHAEL,

Circuit

Judges,

and

HAMILTON,

Petition denied by unpublished per curiam opinion.

John Roosevelt Baccus, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: John Roosevelt Baccus petitions for a writ of mandamus seeking an order directing the release of materials related to grand jury proceedings. 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). only be Further, used in We conclude that Baccus is not entitled

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). The relief sought by Baccus is not available by way of mandamus because there we are grant other leave remedies to proceed available. in forma

Accordingly,

although

pauperis, we deny Baccus's motion to appoint counsel and the petition for writ of mandamus. 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

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