Felix Oriakhi, No. 08-2322 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2322 In Re: FELIX ORIAKHI, Petitioner. On Petition for Writ of Mandamus. (1:90-cr-00072-PJM-12) Submitted: March 17, 2009 Decided: March 19, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Felix Oriakhi, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Felix Oriakhi petitions for a writ of mandamus seeking an order directing the district court to release him. We conclude that Oriakhi 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). The relief sought by Oriakhi 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. dispense with oral argument because the 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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