In Re: David Hill , 459 F. App'x 292 ( 2011 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-1905
    In re:   DAVID HILL,
    Petitioner.
    On Petition for Writ of Mandamus.        (1:01-cr-00191-CMH-1)
    Submitted:   December 20, 2011              Decided:   December 22, 2011
    Before MOTZ, DUNCAN, and DIAZ, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    David Hill, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    David Hill petitions for a writ of mandamus seeking an
    order directing the district court to dismiss his 2001 criminal
    indictment    because    of     purported     violations    of   the   Interstate
    Agreement    on     Detainers    Act.     We    conclude    that   Hill      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).          Finally, 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 Hill is not available by way of
    mandamus.       Accordingly, although we grant leave to proceed in
    forma pauperis, 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 the
    court and argument would not aid the decisional process.
    PETITION DENIED
    2
    

Document Info

Docket Number: 11-1905

Citation Numbers: 459 F. App'x 292

Judges: Motz, Duncan, Diaz

Filed Date: 12/22/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024