John Baccus, No. 09-1297 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1297 In re: JOHN ROOSEVELT BACCUS, Petitioner. On Petition for Writ of Mandamus Submitted: August 20, 2009 Before WILKINSON and Senior Circuit Judge. MICHAEL, Decided: August 24, 2009 Circuit Judges, and HAMILTON, Petition denied by unpublished per curiam opinion. John Roosevelt Baccus, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Roosevelt Baccus petitions for a writ of mandamus seeking an order directing the release of materials related to grand jury proceedings. We conclude that Baccus is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Cir. Ass n, mandamus is 860 a F.2d drastic 135, 138 remedy extraordinary circumstances. (4th and should 1988). Further, only used be in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). The relief sought by Baccus is not available by way of mandamus because Accordingly, there although we are other grant leave remedies to proceed available. in forma pauperis, we deny Baccus s motion to appoint counsel and 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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