George Gantt-El, No. 09-1648 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1648 In Re: GEORGE W. GANTT-EL, Petitioner. On Petition for Writ of Mandamus. Submitted: November 19, 2009 (1:09-cv-00040-UA-DPD) Decided: December 1, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. George W. Gantt-El, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: George W. Gantt-El petitions for a writ of mandamus seeking an order directing the district court to stop denying him access to court in his habeas corpus proceeding. We conclude that Gantt-El 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 135, drastic 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). appeal. Mandamus may not be used as a substitute for In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Gantt-El 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 deny Gantt-El s motion for a certificate of appealability as unnecessary dispense and with deny oral his motion argument for because judicial the notice. facts and We 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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