Filed: Aug. 04, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1638 In Re: CHARLES PRICE, JR., Petitioner. On Petition for Writ of Mandamus. (1:09-cv-01312-AMD) Submitted: July 30, 2009 Decided: August 4, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Charles Price, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Price, Jr., a Maryland inmate, petitions for a writ of man
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1638 In Re: CHARLES PRICE, JR., Petitioner. On Petition for Writ of Mandamus. (1:09-cv-01312-AMD) Submitted: July 30, 2009 Decided: August 4, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Charles Price, Jr., Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charles Price, Jr., a Maryland inmate, petitions for a writ of mand..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1638
In Re: CHARLES PRICE, JR.,
Petitioner.
On Petition for Writ of Mandamus. (1:09-cv-01312-AMD)
Submitted: July 30, 2009 Decided: August 4, 2009
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Charles Price, Jr., Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Price, Jr., a Maryland inmate, petitions for a
writ of mandamus compelling: (1) a Federal Reserve bank to act
as a fiduciary for eleven million dollars; (2) the State of
Maryland to compensate him for injuries he sustained while
incarcerated at the Baltimore City Detention Center; and (3)
officials with the Circuit Court for Baltimore City to grant him
a speedy trial and reasonable bail.
Mandamus is a drastic remedy to be used only 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). The party seeking mandamus relief bears the
heavy burden of showing that he has no other adequate avenues of
relief and that his right to the relief sought is clear and
indisputable. Mallard v. United States Dist. Court,
490 U.S.
296, 309 (1989).
Price fails to show a clear and indisputable right to
relief against the Federal Reserve bank and the Baltimore City
Detention Center. Further, because this court does not have
jurisdiction to grant mandamus relief against state officials,
Gurley v. Superior Court of Mecklenburg County,
411 F.2d 586,
587 (4th Cir. 1969), the relief Price seeks against officials
with the Circuit Court for Baltimore City is not available by
way of mandamus.
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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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