In Re: Matthew Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999893694-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999900286-2]. Originating case number: 6:95-cr-00284-CCE-1. Copies to all parties and the district court. [999945395]. Mailed to: Matthew Davis. [16-1831]

Appeal: 16-1831

Doc: 7

Filed: 10/12/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1831

In Re:

MATTHEW DAVIS,
Petitioner.

On Petition for Writ of Mandamus.
(6:95-cr-00284-CCE-1)

Submitted:

September 29, 2016

Decided:

October 12, 2016

Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Petition denied by unpublished per curiam opinion.

Matthew Davis, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1831

Doc: 7

Filed: 10/12/2016

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PER CURIAM:
Matthew Davis petitions for a writ of mandamus seeking an
order directing the district court to reinstate his direct appeal.
We conclude that Davis 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).
Davis

has

not

shown

the

existence

of

an

extraordinary

circumstance, nor has he shown that he has a clear right to the
relief he seeks.

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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