In Re: Claude Bellamy, No. 13-1590 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1590 In re: CLAUDE WENDELL BELLAMY, Petitioner. On Petition for Writ of Mandamus. (7:99-cr-00049-F-1; 7:03-cv-00024-F) Submitted: July 25, 2013 Decided: July 29, 2013 Before GREGORY, DAVIS, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Claude Wendell Bellamy, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Claude mandamus Wendell seeking an Bellamy order petitions directing a writ of district the for court to adjudicate a particular claim raised in a 28 U.S.C.A. § 2255 (West Supp. 2013) motion. We conclude that Bellamy 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 U.S. F.3d relief circumstances. is 394, 509, 402 516-17 available Kerr (1976); (4th only when clear right to the relief sought. v. United United Cir. States 2003). the States 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 Bellamy is not available by way of mandamus. In this case, the particular issue was previously considered by the district court and reviewed by this court. See United States v. Bellamy, No. 00-4662, 2002 WL 80259 (4th Cir. Jan 22, 2002) (unpublished). Accordingly, although we grant leave to proceed in forma 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 this court and argument would not aid the decisional process. PETITION DENIED 2

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