Filed: Oct. 29, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1962 In Re: STANLEY LORENZO WILLIAMS, Petitioner. On Petition for Writ of Mandamus. (1:03-cv-00299-TDS-WWD) Submitted: October 19, 2009 Decided: October 29, 2009 Before MICHAEL, KING, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Stanley Lorenzo Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Stanley Lorenzo Williams filed a petition
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1962 In Re: STANLEY LORENZO WILLIAMS, Petitioner. On Petition for Writ of Mandamus. (1:03-cv-00299-TDS-WWD) Submitted: October 19, 2009 Decided: October 29, 2009 Before MICHAEL, KING, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Stanley Lorenzo Williams, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Stanley Lorenzo Williams filed a petition ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1962
In Re: STANLEY LORENZO WILLIAMS,
Petitioner.
On Petition for Writ of Mandamus. (1:03-cv-00299-TDS-WWD)
Submitted: October 19, 2009 Decided: October 29, 2009
Before MICHAEL, KING, and GREGORY, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Stanley Lorenzo Williams, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stanley Lorenzo Williams filed a petition for writ of
mandamus seeking an order compelling the district court to act
on his motion to recall the judgment filed on September 7, 2004,
in Williams’ 28 U.S.C. § 2254 (2006) action. We conclude that
Williams’ mandamus petition is moot.
Mandamus relief is available only when the petitioner
has a clear right to the relief sought. In re First Fed. Sav. &
Loan Ass’n,
860 F.2d 135, 138 (4th Cir. 1988). Further,
mandamus is a drastic remedy and should be used only in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard,
811 F.2d 818, 826 (4th
Cir. 1987). Williams asserts that he is entitled to mandamus
relief due to the district court’s failure to act on his motion
to recall the judgment. However, the magistrate judge denied
the motion in an oral order entered on October 15, 2009. Thus,
the mandamus petition is moot because Williams has already
obtained the relief he seeks. Accordingly, although we grant
leave to proceed in forma pauperis, we deny Williams’ motions to
expedite and deny 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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