Jeremy Martin, No. 08-2173 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2173 In Re: JEREMY R. MARTIN, Petitioner. On Petition for Writ of Mandamus. Submitted: December 9, 2008 (5:08-ct-03013-BO) Decided: December 24, 2008 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jeremy R. Martin, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jeremy R. Martin petitions for a writ of mandamus. He seeks an order granting two requests for subpoenas pending in the district court and a second motion for an extension of time to respond to the motion for summary judgment. We note that the district court s docket sheet does not show that a second motion for an extension of time was filed by Martin. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re: First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus only is a drastic remedy extraordinary circumstances. and should be used in See Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). Because to the requested relief, we deny his petition for writ of mandamus. We dispense with Martin oral does argument not have because a clear the right 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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