U.S. Court of Appeals for the Fourth Circuit, 2005

In re: Lewis v.

In re: Lewis v.
U.S. Court of Appeals for the Fourth Circuit · Decided August 5, 2005 · King, Gregory, Shedd
141 F. App'x 134

In re: Lewis v.

Opinion

PER CURIAM.

William Lewis petitions for writ of mandamus, seeking an order compelling the United States Parole Commission to release him on parole. Mandamus relief is available only when the petitioner has a clear right to the relief sought. See In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). Mandamus is a drastic remedy and should only be used in extraordinary circumstances. See Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Moreover, jurisdiction to grant mandamus relief against an agency of the United States lies with the district courts, not this court. 28 U.S.C. § 1361 (2000); 28 U.S.C. § 1651 (2000) (providing that this court’s authority under All Writs Act extends only to issuance of writs necessary *135 or appropriate in aid of appellate jurisdiction).

The relief sought by Lewis is not available by way of mandamus. Accordingly, although we grant Lewis’ motion 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 the court and argument would not aid the decisional process.

PETITION DENIED

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