In re: Abdu-Salim Gould

USCA4 Appeal: 22-1866 Doc: 12 Filed: 10/17/2022 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1866
In re: ABDU-SALIM GOULD, a/k/a Salim Abdu Gould, a/k/a Salimabdu Gould,
Petitioner.
No. 22-1867
In re: ABDU-SALIM GOULD, a/k/a Salim Abdu Gould, a/k/a Salimabdu Gould,
Petitioner.
On Petitions for Writs of Mandamus and Prohibition.
(5:21-ct-03079-BO; 5:21-ct-03053-BO)
Submitted: October 13, 2022 Decided: October 17, 2022
Before NIEMEYER and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Abdu-Salim Gould, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Abdu-Salim Gould filed these two petitions for writs of mandamus and prohibition
seeking to challenge the district court’s orders dismissing his two lawsuits for failure to
comply with the court’s orders to particularize his complaints and denying his motions for
reconsideration. We conclude that Gould is not entitled to 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). Likewise, a writ of prohibition is a “drastic and extraordinary
remedy which should be granted only when the petitioner has shown his right to the writ
to be clear and undisputable and that the actions of the court were a clear abuse of
discretion.” In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983). Additionally, neither a
writ of mandamus nor a writ of prohibition may be used as a substitute for appeal. In re
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007) (mandamus); Vargas, 723 F.2d
at 1468 (prohibition).
The relief sought by Gould is not available by way of mandamus or prohibition.
Accordingly, we deny the petitions for writs of mandamus and prohibition. We
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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.
PETITIONS DENIED
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