In Re: Darryl Gaston v. ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2323
In re: DARRYL DEVON GASTON,
Petitioner.
Petition for Writ of Prohibition.
(1:06-cr-00310-JAB-1; 1:11-cv-00771-JAB-JLW)
Submitted: January 30, 2014 Decided: February 11, 2014
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Darryl Devon Gaston, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darryl Gaston petitions for a writ of prohibition
seeking an order directing that his criminal case be dismissed
and that he be immediately released. A writ of prohibition “is
a drastic and extraordinary remedy which should be granted only
when the petitioner has shown his right to the writ to be clear
and undisputable and that the actions of the court were a clear
abuse of discretion.” In re Vargas, 723 F.2d 1461, 1468 (10th
Cir. 1983). A writ of prohibition may not be used as a
substitute for appeal. (Id.) Gaston has not shown any basis
for the relief he seeks. Accordingly, we deny the writ of
prohibition. 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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