In Re: Frank Yambo v. , 653 F. App'x 214 ( 2016 )


Menu:
  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 16-1417
    In Re:   FRANK YAMBO,
    Petitioner.
    On Petition for Writ of Mandamus.
    Submitted:   June 23, 2016                  Decided:   June 28, 2016
    Before MOTZ, KING, and WYNN, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Frank Yambo, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Frank Yambo petitions for a writ of mandamus seeking an order
    directing the Southern Correctional Institution to provide him
    with a Halal diet.    We conclude that Yambo is not entitled to
    mandamus relief.
    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).    Further, mandamus relief 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).
    Yambo has not shown he has a clear right to the relief sought.
    Accordingly, we deny the petition for writ of mandamus.          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
    2
    

Document Info

Docket Number: 16-1417

Citation Numbers: 653 F. App'x 214

Judges: Motz, King, Wynn

Filed Date: 6/28/2016

Precedential Status: Non-Precedential

Modified Date: 10/19/2024