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

In Re: Thomas Shrader v.

In Re: Thomas Shrader v.
U.S. Court of Appeals for the Fourth Circuit · Decided July 28, 2014 · Floyd, Thacker, Davis
579 F. App'x 168

In Re: Thomas Shrader v.

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*169 PER CURIAM:

Thomas Creighton Shrader petitions for a writ of mandamus seeking an order directing the district court to order his release or to hold a bond hearing. We conclude that Shrader 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), and when there are no other means by which the relief sought could be granted. In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).

The relief sought by Shrader is not available by way of mandamus. Accordingly, although we grant Shrader’s motion to expedite decision, we deny his petition for writ of mandamus and motion for bail or release pending appeal. 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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