In Re: Brett Kimberlin v. ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1670
In Re: BRETT C. KIMBERLIN,
Petitioner.
On Petition for Writ of Mandamus.
(8:13-cv-03059-GJH)
Submitted: November 10, 2016 Decided: December 7, 2016
Before WILKINSON and HARRIS, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Brett C. Kimberlin, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brett C. Kimberlin petitions for a writ of mandamus seeking
an order directing the district court to vacate its protective
order covering pretrial discovery and to allow him to publicly
use discovery documents marked confidential that have not yet
been filed in court. 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). The party
seeking issuance of the writ must have no other adequate means
to attain relief, and he bears the burden of showing that his
right to the writ is clear and indisputable. Moussaoui, 333
F.3d at 517 (citations omitted). We have reviewed the petition
and conclude that Kimberlin fails to make this showing.
Accordingly, we deny the petition for a writ of mandamus.
We deny the motion to expedite as moot. 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
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