Summary
denying petition for writ of mandamus to obtain grand jury records
Summary of this case from United States v. MericaOpinion
No. 10-1148.
Submitted: June 17, 2010.
Decided: June 24, 2010.
On Petition for Writ of Mandamus. (5:04-cr-00015-gec-bwc-1; 7:07-cv-00350-gec-mfu).
Rickey A. Merica, Petitioner Pro Se.
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Rickey A. Merica petitions for a writ of mandamus seeking an order compelling the district court to release grand jury transcripts.
Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (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).
Merica does not have a clear right to the grand jury transcripts he seeks, nor does this case involve extraordinary circumstances. 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.