In re: Mendez v., No. 06-6050 (4th Cir. 2006)

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Certiorari dismissed, June 5, 2006 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6050 In re: RAPHAEL MENDEZ, Petitioner, On Petition for a Writ of Mandamus (5:91-HC-350-BR) Submitted: February 16, 2006 Decided: February 23, 2006 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Raphael Mendez, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Raphael Mendez petitions for a writ of mandamus. He seeks an order compelling the district court to expedite the date of his scheduled competency hearing and to have him appear in person rather than by video conferencing. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Assn., 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Because there is no indication Mendez has a clear right to the requested relief, we deny his petition. 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 the court and argument would not aid the decisional process. PETITION DENIED - 2 -

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