In re: Dais

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1894

In re: NORMAN TYRONE DAIS,

Petitioner.

On Petition for a Writ of Mandamus. (4:03-CR-00386-TLW-1)

Submitted: September 28, 2010 Decided: October 1, 2010

Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Norman Tyrone Dais, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Norman Tyrone Dais petitions for a writ of mandamus

seeking an order directing the district court to give him a copy

of an order dated May 23, 2010. Because we are not able to

discern what order Dais wants, we conclude he 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 (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 Dais 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 the court and argument would not aid the decisional

process.

PETITION DENIED