In Re: Armando Pons v. , 589 F. App'x 76 ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2095
In re: ARMANDO D. PONS,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: December 18, 2014 Decided: December 22, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
Armando D. Pons, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Armando D. Pons petitions for a writ of mandamus and a
writ of prohibition seeking orders prohibiting further
investigation into his activities and dismissing a pending
indictment. We conclude that Pons is not entitled to relief.
Mandamus relief and a writ of prohibition are drastic
remedies 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); In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983).
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). A writ of
prohibition may not be used as a substitute for appeal. Vargas,
723 F.2d at 1468.
Pons has not shown any basis for the relief he seeks.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petitions. 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.
PETITIONS DENIED
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