Filed: Jun. 19, 2012
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1550 In re: TRAVIS DENORRIS ARNOLD, Petitioner. On Petition for a Writ of Mandamus. (1:08-cr-00322-TDS-1; 1:10-cv-00892-TDS-JEP) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Travis Denorris Arnold, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Travis Denorris Arnold
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1550 In re: TRAVIS DENORRIS ARNOLD, Petitioner. On Petition for a Writ of Mandamus. (1:08-cr-00322-TDS-1; 1:10-cv-00892-TDS-JEP) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Travis Denorris Arnold, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Travis Denorris Arnold p..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1550
In re: TRAVIS DENORRIS ARNOLD,
Petitioner.
On Petition for a Writ of Mandamus.
(1:08-cr-00322-TDS-1; 1:10-cv-00892-TDS-JEP)
Submitted: June 14, 2012 Decided: June 19, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Travis Denorris Arnold, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Travis Denorris Arnold petitions for a writ of
mandamus, alleging that the district court has unduly delayed
ruling on his objections to the magistrate judge’s
recommendation to dismiss his 28 U.S.C.A. § 2255 (West Supp.
2011) motion. Mandamus is a drastic remedy to 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). Mandamus relief is available only
when there are no other means by which the relief sought could
be granted, and should not be used as a substitute for appeal.
Moussaoui, 333 F.3d at 517. The party seeking mandamus relief
bears the heavy burden of showing he has no other adequate means
to obtain the relief sought and that his entitlement to relief
is clear and indisputable. Allied Chem. Corp. v. Daiflon, Inc.,
449 U.S. 33, 35 (1980).
Our review of the district court’s docket reveals
that, on March 19, 2012, the magistrate judge granted Arnold
permission to file his objections to the report and
recommendation. Because we do not deem mandamus relief
warranted in these circumstances, we deny Arnold’s petition,
although we grant his pending motion to proceed in forma
pauperis. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
PETITION DENIED
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