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In re McClary

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Nov 21, 2016
No. 16-1942 (4th Cir. Nov. 21, 2016)

Opinion

No. 16-1942

11-21-2016

In re: RONALD MCCLARY, Petitioner.

Ronald McClary, Petitioner Pro Se.


UNPUBLISHED On Petition for Writ of Mandamus. (3:16-cv-00088-FDW) Before GREGORY, Chief Judge, and MOTZ and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Ronald McClary, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit.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 provide him with copies of his filings from all of his lawsuits. 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 (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).

McClary has not demonstrated a clear right to the requested relief. Accordingly, we deny the petition for a 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


Summaries of

In re McClary

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Nov 21, 2016
No. 16-1942 (4th Cir. Nov. 21, 2016)
Case details for

In re McClary

Case Details

Full title:In re: RONALD MCCLARY, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Nov 21, 2016

Citations

No. 16-1942 (4th Cir. Nov. 21, 2016)

Citing Cases

McClary v. Joyner

See In re McClary, No. 16-1026 (4th Cir. May 22, 2015) (denying mandamus relief on the merits); McClary v.…