In re: Tracy Jarvis Allen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999906326-2]; denying Motion for writ of mandamus (FRAP 21) [999888448-2] Originating case number: 4:05-cr-00340-TLW-1 Copies to all parties and the district court/agency. [999991825]. Mailed to: Tracy Jarvis Allen FCI BENNETTSVILLE FEDERAL CORRECTIONAL INSTITUTION P. O. Box 52020 Bennettsville, SC 29512-0000. [16-1797]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1797

In Re: TRACY JARVIS ALLEN,
Petitioner.

On Petition for Writ of Mandamus.
(4:05-cr-00340-TLW-1)

Submitted:

December 1, 2016

Decided:

December 21, 2016

Before GREGORY, Chief Judge, and MOTZ and KING, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Tracy Jarvis Allen, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tracy Jarvis Allen petitions for a writ of mandamus seeking
an order from this court directing his immediate release from
prison based on his claim for Johnson * relief from his armed
career criminal sentence.

We deny the petition.

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), and when there are no other means by which that relief
could be granted, Moussaoui, 333 F.3d at 517.
Currently

pending

in

the

district

court

is

Allen’s

authorized, successive 28 U.S.C. § 2255 (2012) motion in which
Allen raises the same Johnson arguments advanced in the instant
petition.

Thus, because there is another avenue through which

Allen could obtain the relief he seeks, we deny the instant
mandamus petition.
To the extent Allen’s mandamus petition could be construed
to allege undue delay by the district court in adjudicating the
successive § 2255 motion and to seek an order from this court
*

Johnson v. United States, 135 S. Ct. 2551 (2015).

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directing the district court to act, we find the present record
does not reveal undue delay in the district court.

Accordingly,

although we grant leave to proceed in forma pauperis, 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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