Randy Drummond

Filing 920091021

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1595 In Re: RANDY DRUMMOND, Petitioner.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 SHEDD, Circuit Judges, and HAMILTON, Senior Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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