Filed: May 28, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1026 In re: IPOLITO CAMPOS, a/k/a Polo, Petitioner. On Petition for Writ of Mandamus. (2:13-cv-00108-RAJ-TEM; 2:03-cr-00032-HCM-FBS-1) Submitted: May 22, 2014 Decided: May 28, 2014 Before TRAXLER, Chief Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Petition denied by unpublished per curiam opinion. Ipolito Campos, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ipolito
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1026 In re: IPOLITO CAMPOS, a/k/a Polo, Petitioner. On Petition for Writ of Mandamus. (2:13-cv-00108-RAJ-TEM; 2:03-cr-00032-HCM-FBS-1) Submitted: May 22, 2014 Decided: May 28, 2014 Before TRAXLER, Chief Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Petition denied by unpublished per curiam opinion. Ipolito Campos, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ipolito ..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1026
In re: IPOLITO CAMPOS, a/k/a Polo,
Petitioner.
On Petition for Writ of Mandamus.
(2:13-cv-00108-RAJ-TEM; 2:03-cr-00032-HCM-FBS-1)
Submitted: May 22, 2014 Decided: May 28, 2014
Before TRAXLER, Chief Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ipolito Campos, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ipolito Campos filed a complaint concerning a request
he made under the Freedom of Information Act. The action
ultimately was dismissed without prejudice. Meanwhile, Campos
petitioned for a writ of mandamus, expressing dissatisfaction
with the district court’s handling of his action and seeking,
inter alia, an order from this court transferring his action to
another court. We conclude that Campos is not entitled to
mandamus relief.
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). Mandamus may not be used as a
substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d
351, 353 (4th Cir. 2007).
The relief sought by Campos is not available by way of
mandamus. Accordingly, although we grant Campos 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
2
before this court and argument would not aid the decisional
process.
PETITION DENIED
3