In re: Coleman v. ( 2005 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-6649
    In Re:   ARTHUR BILLY COLEMAN,
    Petitioner.
    On Petition for Writ of Mandamus.
    (CR-04-3499-M)
    Submitted:   July 27, 2005                 Decided:   August 30, 2005
    Before KING, GREGORY, and SHEDD, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Arthur Billy Coleman, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Arthur Billy Coleman petitions for writ of mandamus. He
    seeks an order directing the district court to adjudicate his
    pending motion for leave to appeal out of time.
    Mandamus relief is available only when the petitioner has
    a clear right to the relief sought.        See In re First Fed. Sav. &
    Loan Assn., 
    860 F.2d 135
    , 138 (4th Cir. 1988).        Further, mandamus
    is a drastic remedy and should only be used in extraordinary
    circumstances.   See Kerr v. United States Dist. Court, 
    426 U.S. 394
    , 402 (1976); In re Beard, 
    811 F.2d 818
    , 826 (4th Cir. 1987).
    Mandamus may not be used as a substitute for appeal.             See In re
    United Steelworkers, 
    595 F.2d 958
    , 960 (4th Cir. 1979).
    Because   there   are   no   pending   motions   in   Coleman’s
    criminal or habeas corpus cases, the petition for writ of mandamus
    is moot.   Accordingly, although we grant leave to proceed in forma
    pauperis, we deny the petition for writ of mandamus.              We deny
    Coleman’s motions for stay and bail pending appeal, to expedite the
    appeal, and to raise a jurisdictional defect and reverse his
    conviction.   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
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Document Info

Docket Number: 05-6649

Judges: King, Gregory, Shedd

Filed Date: 8/30/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024