UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-2286

In re: JOHN MARSHALL UNDERWOOD, JR., Petitioner.

On Petition for Writ of Mandamus. (2:17-cr-00029-1)

Submitted: April 30, 2021 Decided: May 11, 2021

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

John Marshall Underwood, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: John Marshall Underwood, Jr., petitions for a writ of mandamus seeking an order from this court directing federal officials to implement certain protective measures at the Federal Correctional Institution Ashland in light of the COVID-19 pandemic. In a supplemental petition, Underwood requests that this court investigate alleged mishandling of prisoners’ mail. We conclude that Underwood is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Mandamus relief is available only when the petitioner has a clear right to the relief sought and “has no other adequate means to attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795.

The relief sought by Underwood 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

* This opinion has no effect on Underwood’s appeals in Nos. 20-6782 and 21-6457, which remain pending.