U.S. Court of Appeals for the Fourth Circuit, 2006

In Re: Zindadil v.

In Re: Zindadil v.
U.S. Court of Appeals for the Fourth Circuit · Decided October 3, 2006 · Hamilton, Per Curiam, Widener, Wilkinson
201 F. App'x 930

In Re: Zindadil v.

Opinion

PER CURIAM:

Mohammad Zindadil petitions for a writ of mandamus seeking an order requiring the Government to file a Fed.R.Crim.P. 35 motion. We conclude that Zindadil is not entitled to mandamus relief. 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). Further, mandamus is a drastic remedy and should only be used in extraordinary circumstances. *931 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). The party seeking mandamus relief must show that he has no other means of obtaining the requested relief. Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980).

The relief sought by Zindadil is not available by way of mandamus. Accordingly, 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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