In Re: Opande v.
In Re: Opande v.
Opinion
George Ogueno Opande petitions for a writ of mandamus. He seeks an order declaring his guilty plea and plea agreement unconstitutional.
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). Further, mandamus is a drastic *289 remedy and should be used only 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).
Because Opande does not have a clear right to the requested relief, we deny his petition for a writ of mandamus. We grant leave to proceed in forma pauperis. 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.