In Re: Dudley ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2369
In Re: SEAN LAMONT DUDLEY, a/k/a John D. Brown,
Petitioner.
On Petition for Writ of Mandamus. (5:97-cr-00001-RLV-1)
Submitted: March 31, 2011 Decided: April 4, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sean Lamont Dudley, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sean Lamont Dudley has petitioned this court for a
writ of mandamus. In his petition, Dudley asks this court to
order the district court to establish that it had authority to
accept his guilty plea under Fed. R. Crim. P. 11(b)(3)
(requiring a district court to determine whether there is a
factual basis for a guilty plea). To obtain mandamus relief, a
petitioner must show that:
(1) he has a clear and indisputable right to the
relief sought; (2) the responding party has a clear
duty to do the specific act requested; (3) the act
requested is an official act or duty; (4) there are no
other adequate means to attain the relief he desires;
and (5) the issuance of the writ will effect right and
justice in the circumstances.
In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001) (internal
quotation marks and citation omitted). We have considered
Dudley’s petition and conclude that Dudley is not entitled to
mandamus relief. Accordingly, we deny Dudley’s motion for leave
to proceed in forma pauperis and deny the mandamus petition. 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