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    In Re: Mendez V., 4th Cir. (2007)

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    Raphael Mendez filed a petition for a writ of mandamus seeking to have his discharge hearing under 18 U.S.C. § 4247(h) transferred to a court in the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that mandamus relief is only available when there is a clear right to the requested relief. The court determined that Mendez did not demonstrate a clear right to have his hearing transferred and denied the petition, granting Mendez's request to proceed in forma pauperis but denying oral arguments.

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    In Re: Mendez V., 4th Cir. (2007)

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    Raphael Mendez filed a petition for a writ of mandamus seeking to have his discharge hearing under 18 U.S.C. § 4247(h) transferred to a court in the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that mandamus relief is only available when there is a clear right to the requested relief. The court determined that Mendez did not demonstrate a clear right to have his hearing transferred and denied the petition, granting Mendez's request to proceed in forma pauperis but denying oral arguments.

    Original Description:

    Filed: 2007-01-24 Precedential Status: Non-Precedential Docket: 06-7972

    Original Title

    In Re: Mendez v., 4th Cir. (2007)

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    Raphael Mendez filed a petition for a writ of mandamus seeking to have his discharge hearing under 18 U.S.C. § 4247(h) transferred to a court in the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that mandamus relief is only available when there is a clear right to the requested relief. The court determined that Mendez did not demonstrate a clear right to have his hearing transferred and denied the petition, granting Mendez's request to proceed in forma pauperis but denying oral arguments.

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    6 views2 pages

    In Re: Mendez V., 4th Cir. (2007)

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    Scribd Government Docs
    Raphael Mendez filed a petition for a writ of mandamus seeking to have his discharge hearing under 18 U.S.C. § 4247(h) transferred to a court in the Virgin Islands. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that mandamus relief is only available when there is a clear right to the requested relief. The court determined that Mendez did not demonstrate a clear right to have his hearing transferred and denied the petition, granting Mendez's request to proceed in forma pauperis but denying oral arguments.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7972

    In Re:

    RAPHAEL MENDEZ,

    Petitioner.

    On Petition for Writ of Mandamus.


    (5:91-hc-00350-BR)

    Submitted: January 18, 2007

    Decided:

    January 24, 2007

    Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Raphael Mendez, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Raphael Mendez petitions for a writ of mandamus.

    He

    seeks an order directing that his discharge hearing under 18 U.S.C.


    4247(h) (2000) be transferred to a court in the Virgin Islands.
    Mandamus relief is available only when the petitioner has
    a clear right to the relief sought.

    See In re First Fed. Sav. &

    Loan Assn., 860 F.2d 135, 138 (4th Cir. 1988).

    Further, mandamus

    is a drastic remedy and should only be used in extraordinary


    circumstances.

    See Kerr v. United States Dist. Court, 426 U.S.

    394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
    Because there is no indication Mendez has a clear right
    to the requested relief, we deny his petition.

    See 4247(h).

    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

    - 2 -

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