In re: Donnie Wayne Sheffield

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1579
In re: DONNIE WAYNE SHEFFIELD,
Petitioner.
On Petition for a Writ of Mandamus
(4:07-cr-00769-TLW-1)
Submitted: August 18, 2011 Decided: August 22, 2011
Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Donnie Wayne Sheffield, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Donnie Sheffield petitions for a writ of mandamus
seeking an order compelling the district court to act on several
motions he has filed in that court. We conclude that Sheffield
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).
Sheffield has filed motions to appoint counsel and
compel production of transcripts, but currently has no cases
pending before the district court. Thus, he is not entitled to
the relief he seeks.
Accordingly, although we grant Sheffield leave to
proceed in forma pauperis, we deny his motion to expedite and
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 of 2 --