John Baccus, No. 10-1097 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1097 In Re: JOHN ROOSEVELT BACCUS, Petitioner. On Petition for Writ of Mandamus. Submitted: May 20, 2010 Decided: May 26, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. John Roosevelt Baccus, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Roosevelt Baccus petitions for a writ of mandamus seeking an order directing the South Carolina Unified Judicial System and South Carolina Department of Corrections managers to cease interfering with his receipt challenges his state conviction. of legal mail. He also We conclude that Baccus 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 drastic 135, 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 Baccus is not available by way of mandamus because Accordingly, there although we are other grant leave remedies to proceed available. in forma pauperis, we deny Baccus s motion for appointment of counsel and 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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