Filed: Oct. 23, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1722 In Re: TIMOTHY LAMONT RUFF, Petitioner. On Petition for Writ of Mandamus. (4:96-cr-00056-LHT-1) Submitted: October 21, 2008 Decided: October 23, 2008 Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Timothy Lamont Ruff, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Lamont Ruff petitions for a writ of mandamu
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1722 In Re: TIMOTHY LAMONT RUFF, Petitioner. On Petition for Writ of Mandamus. (4:96-cr-00056-LHT-1) Submitted: October 21, 2008 Decided: October 23, 2008 Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Timothy Lamont Ruff, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Lamont Ruff petitions for a writ of mandamus..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1722
In Re: TIMOTHY LAMONT RUFF,
Petitioner.
On Petition for Writ of Mandamus.
(4:96-cr-00056-LHT-1)
Submitted: October 21, 2008 Decided: October 23, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Timothy Lamont Ruff, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Lamont Ruff petitions for a writ of mandamus
requesting that this court direct his release from prison based
on his claim that the United States lacked jurisdiction to
prosecute him. We conclude that Ruff is not entitled to
mandamus relief.
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). Further,
mandamus is a drastic remedy and should only be used in
extraordinary circumstances. Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard,
811 F.2d 818, 826 (4th
Cir. 1987). Mandamus may not be used as a substitute for appeal.
In re United Steelworkers,
595 F.2d 958, 960 (4th Cir. 1979).
The relief sought by Ruff 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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