Randy Drummond

Filing 920091021

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1595

In Re:

RANDY DRUMMOND, Petitioner.

On Petition for Writ of Mandamus.

(2:07-cv-03031-TLW)

Submitted:

September 21, 2009

Decided:

October 21, 2009

Before KING and Circuit Judge.

SHEDD,

Circuit

Judges,

and

HAMILTON,

Senior

Petition denied by unpublished per curiam opinion.

Randy Drummond, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Randy Drummond petitions for a writ of mandamus

seeking an order directing the district court to allow him to file an application for a certificate of appealability of the district court's orders denying relief on his 28 U.S.C. § 2254 (2006) petition and denying his motion for reconsideration. We

previously denied a certificate of appealability and dismissed Drummond's appeal as to both orders. 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 We conclude that Drummond

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 Drummond 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. also deny Drummond's motion to compel answer. oral argument because in the the facts and legal before

We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process. PETITION DENIED 2