In Re: Spotts v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8013
In Re: KELVIN ANDRE SPOTTS,
Petitioner.
No. 02-6093
In Re: KELVIN ANDRE SPOTTS,
Petitioner.
On Petitions for Writ of Prohibition and Mandamus.
(CA-00-647-3)
Submitted: March 15, 2002 Decided: April 23, 2002
Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
Kelvin Andre Spotts, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
In No. 01-8013, Kelvin Andre Spotts petitions for a writ of
prohibition contending the district court referred his 28 U.S.C.A.
§ 2255 (West Supp. 2001) motion to a magistrate judge without his
consent in violation of Article III of the Constitution and erred
in not entering a default judgment against the Government for
failure to respond to his § 2255 motion. In No. 02-6093, Spotts
seeks a writ of mandamus, requesting an expedited ruling on his
pending § 2255 motion and raising substantive arguments, and also
moves to proceed in forma pauperis.
Writs of mandamus and prohibition are extraordinary remedies,
which should issue only when the petitioner’s right to the remedy
is clear and indisputable and when the petitioner has no other
adequate means of relief. See Kerr v. United States, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987); In re
Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983). Because we find
extraordinary circumstances lacking, we deny the petitions. We
grant Spotts’ motion to proceed in forma pauperis in No. 02-6093.
We deny Spotts’ motion for release pending appeal. 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.
PETITIONS DENIED
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