Tyrone Hurt

Filing 920090814

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1448

In re:

TYRONE HURT, Plaintiff - Appellant,

On Petition for Writ of Mandamus.

Submitted:

July 21, 2009

Decided:

August 14, 2009

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Tyrone Hurt, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Tyrone Hurt petitions for a writ of mandamus, seeking an order directing of the "to U.S. rule District or Court for on the Eastern civil

District

Virginia

discharge

several

action complaints pending [sic]." actions or complaints. only Dist. in extraordinary 426 U.S.

He identified none of those

Mandamus is a drastic remedy to be used circumstances. 394, 402 Kerr v. United States is

Court,

(1974).

Mandamus

relief

available only when the petitioner has a clear right to the relief sought. In re: First Fed. Sav. & Loan Ass'n, 860 F.2d A mandamus petitioner must show that

135, 138 (4th Cir. 1988).

he has a clear right to the relief sought, that the respondent has a clear duty to perform the particular act requested, and that the plaintiff has no other adequate remedy. Id.

We find that Hurt has not made the required showing. Accordingly, while we grant leave to proceed in forma pauperis, we deny the petition for a writ of mandamus. The motion to send

Hurt all final orders and opinions from this court is denied. 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

2