Filed: Nov. 20, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1994 In Re: TRACEY C. THARP, a/k/a Yvette Decker, a/k/a Tracie Davis, a/k/a Tracie Moody, a/k/a Tracey Davis Tharp, a/k/a Tracy Davis, Petitioner. On Petition for Writ of Mandamus. (2:04-cr-00034-RBS-JEB-2) Submitted: November 17, 2009 Decided: November 20, 2009 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Tracey C. Tharp, Petitioner Pro Se. Unpublished opinions are
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1994 In Re: TRACEY C. THARP, a/k/a Yvette Decker, a/k/a Tracie Davis, a/k/a Tracie Moody, a/k/a Tracey Davis Tharp, a/k/a Tracy Davis, Petitioner. On Petition for Writ of Mandamus. (2:04-cr-00034-RBS-JEB-2) Submitted: November 17, 2009 Decided: November 20, 2009 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. Tracey C. Tharp, Petitioner Pro Se. Unpublished opinions are ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1994
In Re: TRACEY C. THARP, a/k/a Yvette Decker, a/k/a Tracie
Davis, a/k/a Tracie Moody, a/k/a Tracey Davis Tharp, a/k/a
Tracy Davis,
Petitioner.
On Petition for Writ of Mandamus.
(2:04-cr-00034-RBS-JEB-2)
Submitted: November 17, 2009 Decided: November 20, 2009
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Tracey C. Tharp, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tracey C. Tharp petitions for a writ of mandamus
seeking an order compelling the Bureau of Prisons to let her
finish her prison sentence in home confinement.
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 only be used 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).
Tharp has not demonstrated that she has a clear right
to the relief sought, nor has she demonstrated that the district
court has a duty to grant that relief. 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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