In Re: Muhammed Abdullah, No. 15-2245 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2245 In re: MUHAMMED MAHDEE ABDULLAH, Petitioner. On Petition for Writ of Mandamus. (5:04-cr-00371-F-1) Submitted: December 17, 2015 Decided: December 21, 2015 Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Muhammed Mahdee Abdullah, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Muhammed Mahdee Abdullah petitions for a writ of mandamus seeking an order recalling the mandate in his direct criminal appeal. We conclude that Abdullah is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. 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 Abdullah 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 contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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