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IN RE: Rodney A. KOON (2019)

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United States Court of Appeals, Fourth Circuit.

IN RE: Rodney A. KOON, Petitioner.

No. 19-1111

Decided: May 28, 2019

Before KING and RICHARDSON, Circuit Judges, and SHEDD, Senior Circuit Judge. Rodney A. Koon, Petitioner Pro Se.

Rodney A. Koon petitions for a writ of mandamus seeking an order compelling the defendants in a pending civil action to pay him an award of compensatory damages and attorney's fees. We conclude that Koon is not entitled to mandamus relief.

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 Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018).

The relief sought by Koon is not available by way of mandamus, and the record does not reveal undue delay in the district court. Accordingly, 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 this court and argument would not aid the decisional process.



Petition denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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