Norman Dais, No. 08-1712 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1712 In Re: NORMAN TYRONE DAIS, Petitioner. On Petition for Writ of Mandamus. (4:03-cr-00386-TLW) Submitted: October 21, 2008 Decided: October 23, 2008 Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Norman Tyrone Dais, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Norman Tyrone Dais petitions for a writ of mandamus seeking an order compelling the district court to forestall ruling on his pending motion filed pursuant to 28 U.S.C. § 2255 (2000). We conclude that Dais 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, 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 Dais is not available by way of mandamus. Accordingly, pauperis and dispense with deny oral the we grant petition argument leave for because to writ the proceed of in mandamus. facts and forma 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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