Filed: Aug. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1481 In re: TIMOTHY OMAR HANKINS, SR., Petitioner. On Petition for Writ of Mandamus. (7:18-cv-00037-D; 7:18-cv-00061-D) Submitted: August 22, 2019 Decided: Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Timothy Omar Hankins, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Omar Hank
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1481 In re: TIMOTHY OMAR HANKINS, SR., Petitioner. On Petition for Writ of Mandamus. (7:18-cv-00037-D; 7:18-cv-00061-D) Submitted: August 22, 2019 Decided: Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Timothy Omar Hankins, Sr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Omar Hanki..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1481
In re: TIMOTHY OMAR HANKINS, SR.,
Petitioner.
On Petition for Writ of Mandamus. (7:18-cv-00037-D; 7:18-cv-00061-D)
Submitted: August 22, 2019 Decided:
Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Petition denied by unpublished per curiam opinion.
Timothy Omar Hankins, Sr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Omar Hankins, Sr., petitions for a writ of mandamus seeking an order
directing an investigation by the Federal Bureau of Investigations and the Department of
Homeland Security of his allegations. He also seeks an order returning his house to him
and restoring his contractor’s license. Hankins alleges that the district court has unduly
delayed acting in his two lawsuits and seeks an order from this court directing the district
court to act. We conclude that Hankins 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 Murphy-Brown, LLC,
907 F.3d 788, 795 (4th Cir. 2018).
To the extent that Hankins alleges delay by the district court, our review of the
district court’s docket reveals that the district court entered final orders in Hankins’ cases
in May 2019. Accordingly, we deny the mandamus petition as moot as to the claim of
delay. The other relief sought by Hankins 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 also deny Hankins’ motion for injunctive relief. 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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