Filed: Apr. 01, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1153 In Re: NORRIS G. DILLAHUNT, Petitioner. On Petition for Writ of Mandamus. Submitted: February 14, 2003 Decided: April 1, 2003 Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Norris G. Dillahunt, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Norris G. Dillahunt petition
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1153 In Re: NORRIS G. DILLAHUNT, Petitioner. On Petition for Writ of Mandamus. Submitted: February 14, 2003 Decided: April 1, 2003 Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Norris G. Dillahunt, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Norris G. Dillahunt petitions..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1153
In Re: NORRIS G. DILLAHUNT,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: February 14, 2003 Decided: April 1, 2003
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Norris G. Dillahunt, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Norris G. Dillahunt petitions for a writ of mandamus. He
seeks an order compelling the City of New Bern to comply with
federal policies. Dillahunt also seeks an injunction under Fed. R.
App. P. 8.
Mandamus relief is available only when the petitioner has a
clear right to the relief sought. See In re First Fed. Sav. & Loan
Assn.,
860 F.2d 135, 138 (4th Cir. 1988). Further, mandamus is a
drastic remedy and should only be used in extraordinary
circumstances. See Kerr v. United States Dist. Court,
426 U.S. 394,
402 (1976); In re Beard,
811 F.2d 818, 826 (4th Cir. 1987).Mandamus
may not be used as a substitute for appeal. See In re United
Steelworkers,
595 F.2d 958, 960 (4th Cir. 1979).
With these standards in mind, we conclude mandamus is not
appropriate for the relief Dillahunt seeks. Accordingly, we deny
Dillahunt’s motion for an injunction and his 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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