In re: Donnie Sheffield

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998610307-2]; denying Motion to expedite decision [998640738-2]; denying Motion for writ of mandamus (FRAP 21) [998604490-2], denying amended Motion for writ of mandamus (FRAP 21) [998610302-2]; denying second amended Motion for writ of mandamus (FRAP 21) [998617359-2]. Originating case number: 4:07-cr-00769-TLW-1 Copies to all parties and the district court/agency. [998660069]. Mailed to: Donnie Sheffield. [11-1579]

Appeal: 11-1579

Document: 10

Date Filed: 08/22/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1579

In re:

DONNIE WAYNE SHEFFIELD,

Petitioner.

On Petition for a Writ of Mandamus
(4:07-cr-00769-TLW-1)
Submitted:

August 18, 2011

Decided:

August 22, 2011

Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Donnie Wayne Sheffield, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1579

Document: 10

Date Filed: 08/22/2011

Page: 2 of 2

PER CURIAM:
Donnie

Sheffield

petitions

for

a

writ

of

mandamus

seeking an order compelling the district court to act on several
motions he has filed in that court.

We conclude that Sheffield

is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only
Dist.

in

extraordinary

Court,

Moussaoui,

333

426

circumstances.

U.S.

F.3d

394,

509,

402

516-17

Kerr

(1976);

v.

United

United

States

States

(4th Cir. 2003).

v.

Further,

mandamus relief is available only when the petitioner has a
clear right to the relief sought.

In re First Fed. Sav. & Loan

Ass'n, 860 F.2d 135, 138 (4th Cir. 1988).
Sheffield

has

filed

motions

to

appoint

counsel

and

compel production of transcripts, but currently has no cases
pending before the district court.

Thus, he is not entitled to

the relief he seeks.
Accordingly,

although

we

grant

Sheffield

leave

to

proceed in forma pauperis, we deny his motion to expedite 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