U.S. Court of Appeals for the Fourth Circuit, 2011

In Re: Dwayne Deleston

In Re: Dwayne Deleston
U.S. Court of Appeals for the Fourth Circuit · Decided December 22, 2011 · Motz, Duncan, Diaz
459 F. App'x 293

In Re: Dwayne Deleston

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dwayne Curtis Deleston petitions for a writ of mandamus seeking an order from this court directing his immediate release from prison and monetary compensation. We conclude that Deleston is not entitled to mandamus relief.

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, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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 Deleston is not available by way of mandamus. Accordingly, we deny leave to proceed in forma pauperis and 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.