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In re: Pritt v., 00-4087 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 00-4087 Visitors: 39
Filed: May 02, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-4087 In Re: THOMAS S. PRITT, Petitioner. On Petition for Writ of Mandamus. (CR-98-176) Submitted: April 27, 2000 Decided: May 2, 2000 Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge. Petition denied by unpublished per curiam opinion. Thomas S. Pritt, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Thomas S. Pritt has filed a
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 00-4087



In Re: THOMAS S. PRITT,

                                                        Petitioner.




         On Petition for Writ of Mandamus.   (CR-98-176)


Submitted:   April 27, 2000                  Decided:   May 2, 2000


Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.


Petition denied by unpublished per curiam opinion.


Thomas S. Pritt, Petitioner Pro Se.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Thomas S. Pritt has filed a petition for a writ of mandamus

from this Court. His petition challenges the district court’s order

denying attorney’s fees following his acquittal on multiple crim-

inal charges.    We deny the writ.

     Mandamus is a drastic remedy to be used only in extraordinary

circumstances.    See Kerr v. United States Dist. Ct, 
426 U.S. 394
,

402 (1976).     Mandamus relief is only available when there are no

other means by which the relief sought could be granted, see In re

Beard, 
811 F.2d 818
, 826 (4th Cir. 1987), and may not be used as a

substitute for appeal.    See In re Catawba Indian Tribe, 
973 F.2d 1133
, 1135 (4th Cir. 1992).    Pritt could have appealed the denial

of his motion, but he failed to do so.*       Accordingly, we deny

Pritt’s petition for mandamus relief.    We dispense with oral argu-

ment because the facts and legal contentions are adequately pre-

sented in the materials before the court and argument would not aid

the decisional process.




                                                    PETITION DENIED




     *
       To the extent that Pritt intended this petition as a notice
of appeal from the district court's denial of his mandamus peti-
tion, his appeal is untimely. See Fed. R. App. P. 4.


                                     2

Source:  CourtListener

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