Henry Miller, No. 10-1127 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1127 In Re: HENRY EARL MILLER, Petitioner. On Petition for Writ of Mandamus. (6:04-cr-00022-HFF-3) Submitted: August 19, 2010 Decided: August 26, 2010 Before MOTZ, GREGORY, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Henry Earl Miller, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Henry Earl Miller petitions for a writ of mandamus seeking modification proceeding. of the transcript of his sentencing We conclude that Miller is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 394, 509, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th when v. United United Cir. the States States 2003). v. Further, petitioner has a In re First Fed. Sav. & Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). The relief sought by Miller is not available by way of mandamus. mandamus. oral Accordingly, deny the petition We deny Miller s pending motions. argument adequately we because presented in the the facts and materials legal before for writ of We dispense with contentions the court are and argument would not aid the decisional process. PETITION DENIED 2

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