Filed: Jul. 28, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1535 In re: THOMAS CREIGHTON SHRADER, Petitioner. On Petition for Writ of Mandamus. (1:09-cr-00270-1) Submitted: July 24, 2014 Decided: July 28, 2014 Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Thomas Creighton Shrader, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Creighton Shrader peti
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1535 In re: THOMAS CREIGHTON SHRADER, Petitioner. On Petition for Writ of Mandamus. (1:09-cr-00270-1) Submitted: July 24, 2014 Decided: July 28, 2014 Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Thomas Creighton Shrader, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Creighton Shrader petit..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1535
In re: THOMAS CREIGHTON SHRADER,
Petitioner.
On Petition for Writ of Mandamus.
(1:09-cr-00270-1)
Submitted: July 24, 2014 Decided: July 28, 2014
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Thomas Creighton Shrader, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Creighton Shrader petitions for a writ of
mandamus seeking an order directing the district court to order
his release or to hold a bond hearing. We conclude that Shrader
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), and when there are no
other means by which the relief sought could be granted. In re
Beard,
811 F.2d 818, 826 (4th Cir. 1987).
The relief sought by Shrader is not available by way
of mandamus. Accordingly, although we grant Shrader’s motion to
expedite decision, we deny his petition for writ of mandamus and
motion for bail or release pending appeal. 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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