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In Re: Williams v., 05-4923 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 05-4923 Visitors: 10
Filed: Dec. 01, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-4923 In Re: JOHN A. WILLIAMS, Petitioner, On Petition for Writ of Mandamus. (CR-02-535) Submitted: November 22, 2005 Decided: December 1, 2005 Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. John A. Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: John A. Williams petitions for writ of mandamu
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                             UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                             No. 05-4923




In Re:   JOHN A. WILLIAMS,




                                                           Petitioner,



                 On Petition for Writ of Mandamus.
                            (CR-02-535)


Submitted:   November 22, 2005             Decided:   December 1, 2005


Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.


Petition denied by unpublished per curiam opinion.


John A. Williams, Petitioner Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

          John A. Williams petitions for writ of mandamus. He seeks

an order compelling the district court to require production by the

prosecutor of transcripts and other documents related to Williams’

criminal conviction.

          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).

          The relief sought by Williams is not available by way of

mandamus. 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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Source:  CourtListener

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