Filed: Jun. 19, 2012
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1585 In re: ANTOINE JONES, Petitioner. On Petition for a Writ of Mandamus. (9:09-cr-00145-SB-1) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Antoine Jones, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antoine Jones petitions for a writ of mandamus seeking an order c
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1585 In re: ANTOINE JONES, Petitioner. On Petition for a Writ of Mandamus. (9:09-cr-00145-SB-1) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Antoine Jones, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antoine Jones petitions for a writ of mandamus seeking an order co..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1585
In re: ANTOINE JONES,
Petitioner.
On Petition for a Writ of Mandamus.
(9:09-cr-00145-SB-1)
Submitted: June 14, 2012 Decided: June 19, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Antoine Jones, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antoine Jones petitions for a writ of mandamus seeking
an order compelling the district court to dismiss the charges
that led to his 2010 conviction. We conclude that Jones 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).
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 Jones 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 the
court and argument would not aid the decisional process.
PETITION DENIED
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