In re: Andrew Straw ( 2023 )


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  • USCA4 Appeal: 23-1120      Doc: 11         Filed: 04/04/2023    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-1120
    In re: ANDREW U. D. STRAW,
    Petitioner.
    On Petition for Writ of Mandamus.
    Submitted: March 15, 2023                                         Decided: April 4, 2023
    Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior
    Circuit Judge.
    Petition denied by unpublished per curiam opinion.
    Andrew U. D. Straw, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-1120        Doc: 11          Filed: 04/04/2023       Pg: 2 of 2
    PER CURIAM:
    Andrew U. D. Straw petitions for a writ of mandamus seeking an order directing the
    United States Court for the Eastern District of North Carolina to grant him access to file
    pleadings through the court’s electronic filing system. We conclude that Straw is not
    entitled to mandamus relief.
    Mandamus relief is a drastic remedy and should be used only in extraordinary
    circumstances. Cheney v. U.S. Dist. Ct., 
    542 U.S. 367
    , 380 (2004); In re Murphy-Brown,
    LLC, 
    907 F.3d 788
    , 795 (4th Cir. 2018). Further, mandamus relief is available only when
    the petitioner has a clear right to the relief sought and “has no other adequate means to
    attain the relief [he] desires.” Murphy-Brown, 
    907 F.3d at 795
     (alteration and internal
    quotation marks omitted).
    The relief sought by Straw is not available by way of mandamus. Straw has not
    shown that he has a clear right to file electronically as a pro se litigant in the Eastern District
    of North Carolina. See E.D.N.C. R. 5.1(b)(1), (f) (stating that pro se litigants are not
    permitted to file electronically in the Eastern District of North Carolina). 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: 23-1120

Filed Date: 4/4/2023

Precedential Status: Non-Precedential

Modified Date: 4/5/2023