U.S. Court of Appeals for the Fourth Circuit, 2016

In Re: Ronald McClary v.

In Re: Ronald McClary v.
U.S. Court of Appeals for the Fourth Circuit · Decided April 1, 2016 · Gregory, Duncan, Davis
643 F. App'x 247

In Re: Ronald McClary v.

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ronald McClary petitions for a writ of mandamus seeking an order directing the district court to identify the cases listed on the North Carolina Department of Public Safety’s Trust Fund Account Statement. We conclude that McClary is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. 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).

Because McClary has not shown a clear right to the relief sought, 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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