In Re: Jacob Shouse, No. 13-1796 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1796 In Re: JACOB ALAN SHOUSE, Petitioner. On Petition for Writ of Mandamus. (2:11-cv-00464-AWA-TEM) Submitted: August 22, 2013 Decided: August 26, 2013 Before MOTZ, DIAZ, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Jacob Alan Shouse, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jacob Alan Shouse petitions for a writ of mandamus seeking an order compelling the district court to effect service of process on the Defendant at a different address. We conclude that Shouse 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. 394, is 509, 402 516-17 available (1976); (4th only clear right to the relief sought. Kerr when Cir. the v. United United 2003). States States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). While district Shouse court of a is correct different that address he for has the informed the Defendant, we conclude that mandamus relief is not appropriate at this time. Accordingly, we deny the petition for writ of mandamus without prejudice to Shouse s filing another petition should the district court fail to attempt service of process at the address Shouse has since provided to the court. 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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