In re: James Roudabush, Jr.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999552379-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999552594-2]. Originating case number: 1:13-cr-00195-CMH-1. Copies to all parties and the district court/agency. [999606391]. Mailed to: James Roudabush, Jr.. [15-1301]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1301
In re: JAMES LESTER ROUDABUSH, JR.,
Petitioner.
On Petition for Writ of Mandamus.
(No. 1:13-cr-00195-CMH-1)
Submitted:
June 18, 2015
Decided:
June 22, 2015
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James Lester Roudabush, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
James
mandamus,
Lester
Roudabush,
seeking
an
order
Jr.,
from
petitions
this
for
court
a
writ
directing
of
the
district court to provide him with papers he believes he needs
to file a motion under 28 U.S.C. § 2255 (2012) or to appoint
counsel to represent him. *
We conclude that Roudabush is not
entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only
in
extraordinary
circumstances.
Kerr
v.
U.S.
Dist.
Court,
426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509,
516-17
(4th
Cir.
2003).
Further,
mandamus
relief
is
available only when the petitioner has a clear right to the
relief sought.
135,
138
(4th
In re First Fed. Sav. & Loan Ass’n, 860 F.2d
Cir.
1988).
substitute for appeal.
Mandamus
may
not
be
used
as
a
In re Lockheed Martin Corp., 503 F.3d
351, 353 (4th Cir. 2007).
The relief sought by Roudabush is not available by way of
mandamus.
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for a writ of mandamus.
*
In the petition, Roudabush also states that the district
court has not ruled on his February 2015 motion seeking a copy
of the trial transcript and presentence report or, in the
alternative, appointment of counsel.
To the extent Roudabush
seeks an order from this court directing the district court to
act on his motion, we find that the present record does not
reveal undue delay in the district court.
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We dispense
with
contentions
are
oral
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argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
PETITION DENIED
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