Filed: Jun. 24, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1148 In Re: RICKEY A. MERICA, Petitioner. On Petition for Writ of Mandamus. (5:04-cr-00015-gec-bwc-1; 7:07-cv-00350-gec-mfu) Submitted: June 17, 2010 Decided: June 24, 2010 Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Rickey A. Merica, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rickey A. Meric
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1148 In Re: RICKEY A. MERICA, Petitioner. On Petition for Writ of Mandamus. (5:04-cr-00015-gec-bwc-1; 7:07-cv-00350-gec-mfu) Submitted: June 17, 2010 Decided: June 24, 2010 Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Rickey A. Merica, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rickey A. Merica..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1148
In Re: RICKEY A. MERICA,
Petitioner.
On Petition for Writ of Mandamus.
(5:04-cr-00015-gec-bwc-1; 7:07-cv-00350-gec-mfu)
Submitted: June 17, 2010 Decided: June 24, 2010
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Rickey A. Merica, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rickey A. Merica petitions for a writ of mandamus
seeking an order compelling the district court to release grand
jury transcripts.
Mandamus relief is a drastic remedy and should be used
only in extraordinary circumstances. Kerr v. U.S. 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).
Merica does not have a clear right to the grand jury
transcripts he seeks, nor does this case involve extraordinary
circumstances. 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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