UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1002

In re: DAVANTI ALEXANDER ROGERS, Petitioner.

On Petition for Writ of Mandamus. (5:18-cr-00209-FL-1; 5:19-cv-00474-FL)

Submitted: May 25, 2021 Decided: May 27, 2021

Before DIAZ and QUATTLEBAUM, Circuit Judges, and SHEDD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Davanti Alexander Rogers, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Davanti Alexander Rogers petitions for a writ of mandamus seeking an order directing the district court to conduct an evidentiary hearing on his 28 U.S.C. § 2255 motion which is currently pending in that court. We conclude that Rogers 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). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. Murphy-Brown, 907 F.3d at 795.

The relief sought by Rogers 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