In Re: Charles Adam

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999853139-2]; denying Motion for writ of mandamus (FRAP 21) [999831511-2] Originating case number: 1:91-cr-00291-PMD-2. Copies to all parties and the district court/agency. [999972144]. Mailed to: C. Adams. [16-1581]

Appeal: 16-1581

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Filed: 11/21/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1581

In re:

CHARLES JEROME ADAMS,
Petitioner.

On Petition for Writ of Mandamus
(1:91-cr-00291-PMD-2)

Submitted:

November 17, 2016

Before GREGORY,
Judges.

Chief

Judge,

Decided:

and

MOTZ

and

November 21, 2016

TRAXLER,

Circuit

Petition denied by unpublished per curiam opinion.

Charles Jerome Adams, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1581

Doc: 10

Filed: 11/21/2016

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PER CURIAM:
Charles

Jerome

Adams

petitions

for

a

writ

of

mandamus

seeking an order directing the district court to resentence him.
We conclude that Adams 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).
The

relief

mandamus.

sought

by

Adams

is

not

available

by

way

Accordingly, although we grant leave to proceed in

forma pauperis, we deny the petition for writ of mandamus.
dispense

of

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

PETITION DENIED

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