John Baccus

Filing 920100526

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1097 In Re: JOHN ROOSEVELT BACCUS, Petitioner. On Petition for Writ of Mandamus. Submitted: May 20, 2010 Decided: May 26, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 South Carolina Unified Judicial System and South Carolina Department of Corrections managers to cease interfering with his receipt of legal mail. He also challenges his state conviction. entitled to mandamus relief. We conclude that Baccus is not 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 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 for appointment of counsel and deny 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 2

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