Randy Thomas

Filing 920090610

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1373

In Re:

RANDY L. THOMAS, Petitioner.

On Petition for Writ of Mandamus.

(3:07-cv-00130-GCM)

Submitted:

May 1, 2009

Decided:

June 10, 2009

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Randy L. Thomas, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Randy L. Thomas petitions for a writ of mandamus

seeking an order to initiate disciplinary proceedings against attorneys who represented an adverse party in a related case. We conclude that Thomas 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). The relief sought by Thomas is not available by way of mandamus. 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