In Re: Spears ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1109
In Re: DWIGHT LAMAR SPEARS,
Petitioner.
On Petition for Writ of Prohibition. (7:08-cr-00112-HFF-3)
Submitted: April 29, 2010 Decided: May 3, 2010
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Dwight Lamar Spears, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dwight Spears, a federal prisoner incarcerated in
South Carolina, petitions for writ of prohibition. He seeks
this court to prohibit the district court from further
proceedings in his criminal action. We deny the petition.
A writ of prohibition will not issue unless it
“clearly appears that the inferior court is about to exceed its
jurisdiction.” Smith v. Whitney, 116 U.S. 167, 176 (1886). A
writ of prohibition or mandamus is a drastic remedy which should
be granted only where the petitioner’s right to the requested
relief is clear and indisputable. 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).
Here, we find that Spears has not established that he
has a clear right to the relief he seeks. Accordingly, although
we grant Spears’ motion to proceed in forma pauperis, we deny
the petition.
PETITION DENIED
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