Okang Rochelle, No. 09-2196 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2196 In Re: OKANG KAREEM ROCHELLE, Petitioner. On Petition for Writ of Mandamus. Submitted: November 19, 2009 (1:05-cr-00112-WO-1) Decided: December 1, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Petition denied by unpublished per curiam opinion. Okang Kareem Rochelle, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Okang Kareem Rochelle petitions for a writ of mandamus seeking an order directing release pending sentencing or a status conference in the district court, and for the appointment of a special judge to preside over litigation who would ensure that [his] rights governed by a fair and public hearing or trial [are] respected and protected. Pet. for Writ of Mandamus at 2. We conclude that Rochelle is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. & Loan Ass n, mandamus drastic is 860 not remedy circumstances. F.2d a 135, 138 substitute that for should (4th a only be In re First Fed. Sav. Cir. direct used 1988). Further, appeal; it in is a extraordinary Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Rochelle fails circumstances or through established the that his to demonstrate rights cannot appellate be process. extraordinary fully protected Accordingly, although we grant leave to proceed informa pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the 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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