Harvey Short, No. 10-1657 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1657 In Re: HARVEY P. SHORT, Petitioner. On Petition for Writ of Mandamus. Submitted: October 29, 2010 (2:09-cv-00119) Decided: November 8, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Harvey P. Short, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Harvey seeking an P. order Short to petitions compel the for a writ Commissioner of of mandamus the Social Security Administration and an Assistant United States Attorney in West Virginia to make back payments of Social benefits to which Short claims he is entitled. Security We conclude that Short is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, 333 426 circumstances. U.S. F.3d 394, 509, 402 516-17 Kerr (1976); (4th v. United United Cir. 2003). States States v. Further, mandamus relief may be obtained only when the petitioner has a clear right to the relief sought and there is no other available remedy. In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001); In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). Because Short had another available remedy, and has availed himself of that remedy by filing an action currently pending in federal district court, relief 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. legal We dispense with oral argument because the facts and contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3

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