In Re: Williams v. , 155 F. App'x 727 ( 2005 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-4923
    In Re:   JOHN A. WILLIAMS,
    Petitioner,
    On Petition for Writ of Mandamus.
    (CR-02-535)
    Submitted:   November 22, 2005             Decided:   December 1, 2005
    Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    John A. Williams, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    John A. Williams petitions for writ of mandamus. He seeks
    an order compelling the district court to require production by the
    prosecutor of transcripts and other documents related to Williams’
    criminal conviction.
    Mandamus relief is available only when the petitioner has
    a clear right to the relief sought.     See In re First Fed. Sav. &
    Loan Assn., 
    860 F.2d 135
    , 138 (4th Cir. 1988).    Further, mandamus
    is a drastic remedy and should only be used in extraordinary
    circumstances.   See Kerr v. United States Dist. Court, 
    426 U.S. 394
    , 402 (1976); In re Beard, 
    811 F.2d 818
    , 826 (4th Cir. 1987).
    Mandamus may not be used as a substitute for appeal.      See In re
    United Steelworkers, 
    595 F.2d 958
    , 960 (4th Cir. 1979).
    The relief sought by Williams is not available by way of
    mandamus. Accordingly, although we grant leave to proceed in forma
    pauperis, 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 the court and argument
    would not aid the decisional process.
    PETITION DENIED
    - 2 -
    

Document Info

Docket Number: 05-4923

Citation Numbers: 155 F. App'x 727

Judges: Motz, Traxler, Gregory

Filed Date: 12/1/2005

Precedential Status: Non-Precedential

Modified Date: 11/5/2024