Filed: Apr. 20, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1140 In re: MELINDA L. SCOTT, Petitioner. On Petition for Writ of Mandamus. (2:17-cv-00050-JPJ-PMS) Submitted: April 17, 2018 Decided: April 20, 2018 Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Melinda L. Scott, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Melinda L. Scott petitions for
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1140 In re: MELINDA L. SCOTT, Petitioner. On Petition for Writ of Mandamus. (2:17-cv-00050-JPJ-PMS) Submitted: April 17, 2018 Decided: April 20, 2018 Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Melinda L. Scott, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Melinda L. Scott petitions for a..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1140
In re: MELINDA L. SCOTT,
Petitioner.
On Petition for Writ of Mandamus. (2:17-cv-00050-JPJ-PMS)
Submitted: April 17, 2018 Decided: April 20, 2018
Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Melinda L. Scott, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Melinda L. Scott petitions for a writ of mandamus seeking an order directing the
district court and two Virginia state courts to permit her to proceed with an appeal in state
court without paying an appeal bond. We conclude that Scott 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). This court does not have jurisdiction to
grant mandamus relief against state officials. Gurley v. Superior Court of Mecklenburg
Cty.,
411 F.2d 586, 587 (4th Cir. 1969). In addition, 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 Scott 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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