In Re: Stuart Tompkins, No. 13-2206 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2206 In Re: STUART WAYNE TOMPKINS, Petitioner. On Petition for Writ of Mandamus. (1:10-cv-00978-TDS-LPA) Submitted: December 30, 2013 Decided: January 14, 2014 Before SHEDD, FLOYD, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Stuart Wayne Tompkins, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Stuart Wayne Tompkins petitions for a writ of mandamus seeking assistance from this court in enforcing any possible settlement this court may have issued in a prior appeal. * Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). The relief sought by Tompkins is not available by way of mandamus. Accordingly, mandamus. legal before we deny the petition for writ of We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED * We grant Tompkins request for leave to file the petition. 2

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