Herbert Chavis, No. 08-2360 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2360 In Re: HERBERT CHAVIS, Petitioner. On Petition for Writ of Mandamus. Submitted: March 13, 2009 (3:08-cv-00501-GCM) Decided: March 25, 2009 Before KING, DUNCAN, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Herbert Chavis, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Herbert Chavis petitions for a writ of mandamus seeking an order compelling the district court to conduct an evidentiary hearing in a 28 U.S.C. § 2254 (2006) action that the district court previously dismissed without prejudice. We conclude that Chavis 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, be only used in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). It is available remedy. 2001). Because namely to file available only where there is no other In re Braxton, 258 F.3d 250, 261 (4th Cir. Chavis an had appeal other from means the of obtaining district court s relief, order, mandamus relief is not available. Accordingly, although we grant leave to proceed forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and in 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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