In Re: Nicholas Queen v. ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2127
In re: NICHOLAS JAMES QUEEN, SR.,
Petitioner.
On Petition for Writ of Mandamus
(No. 1:93-cr-00366-WMN-1
Submitted: February 19, 2015 Decided: March 2, 2015
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nicholas James Queen, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Nicholas James Queen, Sr., petitions this court for a writ
of mandamus, seeking an order vacating a criminal judgment. We
dismiss the petition.
Mandamus is a drastic remedy to be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-57 (4th Cir. 2003). Further, mandamus 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). The relief Queen seeks is unavailable by way of
mandamus.
We deny leave to proceed in forma pauperis and 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.
DISMISSED
2