In Re: Nicholas Queen, Sr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1924
In Re: NICHOLAS JAMES QUEEN, SR.,
Petitioner.
On Petition for Writ of Mandamus.
(1:93-cr-00366-WMN-1)
Submitted: October 16, 2012 Decided: October 31, 2012
Before WILKINSON, MOTZ, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Nicholas James Queen, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Nicholas Queen, Sr., petitions for a writ of mandamus,
seeking an order directing the district court to examine its
exercise of jurisdiction in a criminal case against him. We
deny the petition.
Mandamus is a drastic remedy to be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-17 (4th Cir. 2003). Further, mandamus relief is
available only when the petitioner has a clear right to the
relief sought. In re First Fed. Sav. & Loan Ass’n, 860 F.2d
135, 138 (4th Cir. 1988).
Queen has failed to demonstrate entitlement to
mandamus relief. Accordingly, although we grant leave to
proceed in forma pauperis, 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 the court and argument would not aid the decisional
process.
PETITION DENIED
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