The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6266
In Re: JIMMY O’NEAL BROWN,
Petitioner.
On Petition for Writ of Mandamus.
(CA-01-410-1; CR-98-189)
Submitted: June 10, 2005 Decided: July 5, 2005
Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jimmy O’Neal Brown, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jimmy O’Neal Brown petitions for writ of mandamus. He
seeks an order directing the Government to retest the drug evidence
involved in his criminal case. 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).
Further, mandamus is a drastic remedy and should be used only in
extraordinary circumstances. Kerr v. United States Dist. Ct., 426
U.S. 394, 402 (1976). After a review of the petition, we have
determined that the relief sought by Brown is not available by way
of mandamus. Accordingly, although we grant leave to proceed in
forma pauperis, 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
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