In re: Ronald McClary

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999733196-2], denying Motion for writ of mandamus (FRAP 21) [999742157-2] Originating case number: 5:15-ct-03259-D,5:15-ct-03230-D,5:15-ct-03219-BO,3:15-cv-00020-FDW Copies to all parties and the district court/agency. [999786866]. Mailed to: McClary. [16-1026]

Appeal: 16-1026

Doc: 12

Filed: 04/01/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1026

In re:

RONALD MCCLARY,

Petitioner.

On Petition for Writ of Mandamus.
(5:15-ct-03259-D; 5:15-ct-03230-D;
5:15-ct-03219-BO; 3:15-cv-00020-FDW)

Submitted:

March 29, 2016

Decided:

April 1, 2016

Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Ronald McClary, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1026

Doc: 12

Filed: 04/01/2016

Pg: 2 of 2

PER CURIAM:
Ronald McClary petitions for a writ of mandamus seeking an
order directing the district court to identify the cases listed on
the North Carolina Department of Public Safety’s Trust Fund Account
Statement.

We conclude that McClary 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.
In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.
1988).
Because McClary has not shown a clear right to the relief
sought, we 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

this

court

and

argument would not aid the decisional process.
PETITION DENIED

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