In re: Hammitt v. ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1970
In Re: RANDY LEE HAMMITT; SANDRA MARIE
HAMMITT,
Petitioners.
On Petition for Writ of Prohibition.
(CA-03-278-3)
Submitted: September 14, 2005 Decided: September 19, 2005
Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randy Lee Hammitt and Sandra Marie Hammitt, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Randy Lee Hammitt and Sandra Marie Hammitt petition for
a writ of prohibition, seeking an order preventing the district
court from enforcing a civil forfeiture order.
A writ of prohibition is a drastic remedy that is
available only when the petitioner has a clear right to the relief
sought. See In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983).
A writ of prohibition may not be used as a substitute for appeal.
See In re Missouri, 664 F.2d 178, 180 (8th Cir. 1981).
Because the Hammitts do not have a clear right to the
relief they seek, and because they may appeal any final adverse
judgment in the district court proceeding, the relief sought is not
available by way of a writ of prohibition. Accordingly, we deny
the petition. We also deny the motion to stay proceedings in the
district court. 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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