Filed: Feb. 20, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2259 In re: DENNIS SHIPMAN, Petitioner. On Petition for Writ of Mandamus. (13-10403) Submitted: February 11, 2014 Decided: February 20, 2014 Before MOTZ, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Dennis Shipman, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dennis Shipman petitions for a writ of mandamus seeking an order directing t
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2259 In re: DENNIS SHIPMAN, Petitioner. On Petition for Writ of Mandamus. (13-10403) Submitted: February 11, 2014 Decided: February 20, 2014 Before MOTZ, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Dennis Shipman, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dennis Shipman petitions for a writ of mandamus seeking an order directing th..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2259
In re: DENNIS SHIPMAN,
Petitioner.
On Petition for Writ of Mandamus. (13-10403)
Submitted: February 11, 2014 Decided: February 20, 2014
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Dennis Shipman, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dennis Shipman petitions for a writ of mandamus
seeking an order directing the district court to act in two
emergency appeals filed in his bankruptcy case, which has since
been dismissed. We conclude that Shipman is not entitled to
mandamus relief.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. United States
Dist. Court,
426 U.S. 394, 402 (1976); United States v.
Moussaoui,
333 F.3d 509, 516-17 (4th Cir. 2003). Further,
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).
The relief sought by Shipman 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
this court and argument would not aid the decisional process.
PETITION DENIED
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