Randy Drummond, No. 09-1595 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1595 In Re: RANDY DRUMMOND, Petitioner. On Petition for Writ of Mandamus. Submitted: September 21, 2009 Before KING and Circuit Judge. SHEDD, Circuit (2:07-cv-03031-TLW) Decided: Judges, and October 21, 2009 HAMILTON, Senior Petition denied by unpublished per curiam opinion. Randy Drummond, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Randy Drummond petitions for a writ of mandamus seeking an order directing the district court to allow him to file an application for a certificate of appealability of the district court s orders denying relief on his 28 U.S.C. § 2254 (2006) petition and denying his motion for reconsideration. We previously denied a certificate of appealability and dismissed Drummond s appeal as to both orders. We conclude that Drummond 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 860 is a F.2d 135, drastic 138 remedy extraordinary circumstances. (4th and should 1988). Further, be only used 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 Drummond is not available by way of mandamus. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We also deny Drummond s motion to compel answer. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. PETITION DENIED 2

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