In Re: Smith v. , 122 F. App'x 687 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7988
In Re: BERNARD SMITH,
Petitioner.
On Petition for Writ of Prohibition.
(CA-04-3829-8-DKC)
Submitted: February 24, 2005 Decided: March 9, 2005
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Bernard Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bernard Smith petitions for writ of prohibition. He seeks
an order preventing his release to the Maryland Department of
Corrections.
A writ of prohibition is a drastic remedy which should be
granted only where the petitioner’s right to the requested relief
is clear and indisputable. See In re Vargas, 723 F.2d 1461, 1468
(10th Cir. 1983); In re Missouri, 664 F.2d 178, 180 (8th Cir.
1981). Further, a writ of prohibition should be granted only where
the petitioner has no other adequate means of relief, In re
Banker’s Trust Co., 775 F.2d 545, 547 (3d Cir. 1985), and a writ of
prohibition may not be used as a substitute for the normal
appellate process. Missouri, 664 F.2d at 180.
The relief sought by Smith is not available by way of
writ of prohibition. Accordingly, although we grant Smith’s motion
to proceed in forma pauperis, we deny the petition for a writ of
prohibition. 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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