In Re: Matthew Davi
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Matthew Davis. [16-1831]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
On Petition for Writ of Mandamus.
September 29, 2016
October 12, 2016
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit
Petition denied by unpublished per curiam opinion.
Matthew Davis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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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.
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.
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.
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