In re: D'Anjou v. ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-7123
    In Re: ROBERT AUGUSTINE D’ANJOU,
    Petitioner.
    On Petition for Writ of Audita Querela.     (CR-91-86-MU)
    Submitted:   November 19, 2003        Decided:     December 15, 2003
    Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Robert Augustine D’Anjou, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Robert Augustine D’Anjou petitions this court for a writ of
    audita querela, seeking to have this court recall its mandate in
    United States v. D’Anjou, No. 99-7004 (4th Cir. Nov. 10, 1999)
    (unpublished). We note that we previously denied D’Anjou’s earlier
    motion to recall the mandate, and we conclude that a writ of audita
    querela is not an appropriate means of seeking recall of a court’s
    mandate.   See United States v. Valdez-Pacheco, 
    237 F.3d 1077
    , 1079
    (9th Cir. 2001). We therefore grant the motion for leave to proceed
    in forma pauperis and deny the petition for a writ of audita
    querela. 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
    2
    

Document Info

Docket Number: 03-7123

Filed Date: 12/15/2003

Precedential Status: Non-Precedential

Modified Date: 10/30/2014