In re: Dwayne Deleston, No. 11-1834 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1834 IN RE: DWAYNE DELESTON, Petitioner. On Petition for a Writ of Mandamus. (2:99-cr-00751-DCN-6; 2:02-cv-03895-DCN) Submitted: October 18, 2011 Decided: October 20, 2011 Before WILKINSON, MOTZ, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Dwayne Curtis Deleston, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dwayne mandamus Curtis seeking an Deleston order petitions directing a writ of district court to the for dismiss the indictments in his underlying criminal proceeding. We conclude that Deleston is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary Court, Moussaoui, mandamus 426 333 relief circumstances. U.S. F.3d is 509, 394, 402 516-17 available only clear right to the relief sought. Kerr (1976); (4th when Cir. the v. United United States States 2003). v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). The relief sought by Deleston 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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