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In re: Kenneth Roshaun Reid, 18-1118 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-1118 Visitors: 15
Filed: Apr. 20, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1118 In re: KENNETH ROSHAUN REID, Petitioner. On Petitions for Writ of Mandamus. (0:04-cr-00353-CMC-1) Submitted: April 17, 2018 Decided: April 20, 2018 Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petitions denied by unpublished per curiam opinion. Kenneth Roshaun Reid, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth Roshaun Reid pe
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 18-1118


In re: KENNETH ROSHAUN REID,

                    Petitioner.



              On Petitions for Writ of Mandamus. (0:04-cr-00353-CMC-1)


Submitted: April 17, 2018                                         Decided: April 20, 2018


Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.


Petitions denied by unpublished per curiam opinion.


Kenneth Roshaun Reid, Petitioner Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Kenneth Roshaun Reid petitions for a writ of mandamus, seeking an order from

this court directing dismissal of certain of his convictions, correction of certain errors by

the district court and probation officer, and his immediate release from imprisonment.

We conclude that Reid is not entitled to mandamus relief.

       Mandamus relief is a drastic remedy and should be used only in extraordinary

circumstances. Kerr v. U.S. 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). Mandamus may not be used as a

substitute for appeal. In re Lockheed Martin Corp., 
503 F.3d 351
, 353 (4th Cir. 2007).

       The relief sought by Reid 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, the amended petition for a writ of mandamus, and the supplemental petitions

for a 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.

                                                                      PETITIONS DENIED




                                             2

Source:  CourtListener

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