UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-2021

In Re: MOSES LEON FAISON,

Petitioner.

On Petition for Writ of Mandamus. (5:13-ct-03172-F)

Submitted: December 23, 2013 Decided: January 16, 2014

Before DAVIS and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Moses Leon Faison, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Moses Leon Faison petitions for a writ of mandamus

seeking an order compelling an administrative law judge to

process petitions challenging decisions of the North Carolina

Innocence Inquiry Commission. We conclude that Faision 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,

(1976); United States v.

Moussaoui,

(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,

(4th Cir. 1988).

The relief sought by Faison 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 this court and argument would not aid the decisional

process.

PETITION DENIED

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