In Re: Daren Gadsden v.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1568
In re: DAREN KAREEM GADSDEN,
Petitioner.
On Petition for Writ of Mandamus.
(1:11-cr-00302-WDQ-3)
Submitted: August 20, 2015 Decided: August 24, 2015
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daren Kareem Gadsden, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daren Kareem Gadsden has petitioned this court for a writ
of mandamus. In his petition, Gadsden asks this court to: (1)
order the district court to act on his motion asking the
district court to assess its subject matter jurisdiction over
his criminal case; and (2) rule on the merits of his motion for
a judgment of acquittal. Gadsden’s petition also asks that we
direct the district court to dismiss the criminal matter against
him. Gadsden has moved to proceed in forma pauperis.
To obtain mandamus relief, a petitioner must show that:
(1) he has a clear and indisputable right to the
relief sought; (2) the responding party has a clear
duty to do the specific act requested; (3) the act
requested is an official act or duty; (4) there are no
other adequate means to attain the relief he desires;
and (5) the issuance of the writ will effect right and
justice in the circumstances.
In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001) (citation and
internal quotation marks omitted). We have considered Gadsden’s
petition and conclude that Gadsden is not entitled to mandamus
relief. Accordingly, although we grant Gadsden’s motion for
leave to proceed in forma pauperis, we deny the mandamus
petition. 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
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