Anthony Williams, No. 09-2204 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2204 In Re: ANTHONY WILLIAMS, Petitioner. On Petitioner for Writ of Mandamus. (3:07-cv-00422-GCM) Submitted: December 17, 2009 Decided: December 28, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Anthony Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony seeking an Williams order petitions requiring the for a writ mandamus court district of to hold an evidentiary hearing in his 28 U.S.C. § 2254 (2006) proceedings and to appoint counsel. We conclude that Williams is not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Cir. Ass n, mandamus 860 is a F.2d drastic 135, 138 remedy extraordinary circumstances. (4th and 1988). only should Further, used be in Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). appeal. Mandamus may not be used as a substitute for In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Williams is not available by way of mandamus. mandamus. legal before Accordingly, we deny the petition for writ of We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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