U.S. Court of Appeals for the Fourth Circuit, 2014

In Re: Ryan Ramey v.

In Re: Ryan Ramey v.
U.S. Court of Appeals for the Fourth Circuit · Decided July 15, 2014 · Agee, Hamilton, Motz, Per Curiam
578 F. App'x 256

In Re: Ryan Ramey v.

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ryan Randall Ramey petitions for a writ of mandamus seeking an order directing the district court to rule on a certificate of appealability. We conclude that Ramey is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Ke rr 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 Ramey is not available by way of mandamus. Accordingly, although we grant leave to proceed in for-ma 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 this court and argument would not aid the decisional process.

PETITION DENIED.

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