In Re: Vincent Williams v. , 588 F. App'x 231 ( 2014 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-2165
    In re: VINCENT A. WILLIAMS, a/k/a V,
    Petitioner.
    On Petition for Writ of Mandamus.
    (No. 3:12-cr-00047-HEH-10)
    Submitted:   December 16, 2014               Decided: December 18, 2014
    Before DUNCAN    and   DIAZ,   Circuit   Judges,   and   DAVIS,   Senior
    Circuit Judge.
    Petition denied by unpublished per curiam opinion.
    Vincent A. Williams, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Vincent A. Williams petitions for a writ of mandamus,
    seeking an order from this court declaring that the district
    court    lacked      jurisdiction       over     his    criminal         prosecution.
    We conclude that Williams 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 (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).       Mandamus      may   not    be    used   as    a
    substitute for appeal.           In re Lockheed Martin Corp., 
    503 F.3d 351
    , 353 (4th Cir. 2007).
    The relief sought by Williams is not available by way
    of mandamus.       Accordingly, although we grant leave to proceed in
    forma pauperis, we deny the petition for a writ of mandamus and
    the corrected petition for a 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
    2
    

Document Info

Docket Number: 14-2165

Citation Numbers: 588 F. App'x 231

Judges: Duncan, Diaz, Davis

Filed Date: 12/18/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024