Filed: Feb. 15, 2011
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2422 In Re: WESLEY CARROLL, Petitioner. On Petition for Writ of Mandamus. Submitted: January 25, 2011 Decided: February 15, 2011 Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Wesley Carroll, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wesley Carroll petitions for a writ of mandamus seeking an order compelling United S
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2422 In Re: WESLEY CARROLL, Petitioner. On Petition for Writ of Mandamus. Submitted: January 25, 2011 Decided: February 15, 2011 Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Wesley Carroll, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wesley Carroll petitions for a writ of mandamus seeking an order compelling United St..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2422
In Re: WESLEY CARROLL,
Petitioner.
On Petition for Writ of Mandamus.
Submitted: January 25, 2011 Decided: February 15, 2011
Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Wesley Carroll, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wesley Carroll petitions for a writ of mandamus
seeking an order compelling United States federal officials to
perform and comply with their mandated duty. We conclude that
Carroll is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should 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). 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).
The relief sought by Carroll is not available by way
of mandamus. Accordingly, we deny the petition for writ of
mandamus. We deny Carroll’s motions “for declaratory relief
and/or motion for judgment by default,” and “for legal services
costs, and or legal access/services.” 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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