Filed: Sep. 01, 1998
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-546 In Re: RICHARD A. CAROLINA, Petitioner. On Petition for Writ of Mandamus. (CA-97-1312-6-17AK) Submitted: August 13, 1998 Decided: September 1, 1998 Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Richard A. Carolina, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Richard A
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-546 In Re: RICHARD A. CAROLINA, Petitioner. On Petition for Writ of Mandamus. (CA-97-1312-6-17AK) Submitted: August 13, 1998 Decided: September 1, 1998 Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Richard A. Carolina, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Richard A...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-546
In Re: RICHARD A. CAROLINA,
Petitioner.
On Petition for Writ of Mandamus.
(CA-97-1312-6-17AK)
Submitted: August 13, 1998 Decided: September 1, 1998
Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Richard A. Carolina, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Richard A. Carolina has filed a petition for a writ of manda-
mus from this court seeking an order compelling the district court
to grant his motion to compel discovery in a civil case terminated
adverse to Carolina. Mandamus is a drastic remedy to be used only
in extraordinary circumstances. See Kerr v. United States Dist.
Court,
426 U.S. 394, 402 (1976). Mandamus relief is only available
when there are no other means by which the relief sought could be
granted, see In re Beard,
811 F.2d 818, 826 (4th Cir. 1987), and
may not be used as a substitute for appeal. See In re Catawba
Indian Tribe of S. Carolina,
973 F.2d 1133, 1135 (4th Cir. 1992).
Accordingly, although we grant leave to proceed in forma pauperis,
we deny mandamus relief. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
PETITION DENIED
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