In re: Dominic Asquith

USCA4 Appeal: 23-1139 Doc: 18 Filed: 04/25/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1139
In re: DOMINIC ASQUITH, a/k/a Dom,
Petitioner.
On Petition for Writ of Prohibition to the United States District Court for the Northern
District of West Virginia, at Martinsburg. (3:20-cr-00038-GMG-RWT-7)
Submitted: April 20, 2023 Decided: April 25, 2023
Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Dominic Asquith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-1139 Doc: 18 Filed: 04/25/2023 Pg: 2 of 2
PER CURIAM:
Dominic Asquith petitions for a writ of prohibition, asking this court to order the
district court to release him from his pretrial detention facility and to place him on home
confinement. We conclude that Asquith is not entitled to the relief he seeks.
A writ of prohibition is a “drastic and extraordinary remedy which should be granted
only when the petitioner has shown h[er] 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). A writ of prohibition may not be used as a substitute for appeal.
Id.; see United States v. Foster, 296 F.2d 249, 251 (4th Cir. 1961). The relief sought by
Asquith is not available by way of prohibition. Accordingly, we deny Asquith’s petition
and all pending motions. 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