In re: Jacob Alan Shouse

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1796
In Re: JACOB ALAN SHOUSE,
Petitioner.
On Petition for Writ of Mandamus.
(2:11-cv-00464-AWA-TEM)
Submitted: August 22, 2013 Decided: August 26, 2013
Before MOTZ, DIAZ, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jacob Alan Shouse, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jacob Alan Shouse petitions for a writ of mandamus
seeking an order compelling the district court to effect service
of process on the Defendant at a different address. We conclude
that Shouse 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).
While Shouse is correct that he has informed the
district court of a different address for the Defendant, we
conclude that mandamus relief is not appropriate at this time.
Accordingly, we deny the petition for writ of mandamus without
prejudice to Shouse’s filing another petition should the
district court fail to attempt service of process at the address
Shouse has since provided to the court. 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

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