Filed: Sep. 25, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1531 In re: LEONARD DILLON, Petitioner. On Petition for Writ of Mandamus. (2:14-cr-00078-1) Submitted: September 23, 2014 Decided: September 25, 2014 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Leonard Dillon, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Leonard Dillon petitions for a wr
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1531 In re: LEONARD DILLON, Petitioner. On Petition for Writ of Mandamus. (2:14-cr-00078-1) Submitted: September 23, 2014 Decided: September 25, 2014 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Leonard Dillon, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Leonard Dillon petitions for a wri..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1531
In re: LEONARD DILLON,
Petitioner.
On Petition for Writ of Mandamus.
(2:14-cr-00078-1)
Submitted: September 23, 2014 Decided: September 25, 2014
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Petition denied by unpublished per curiam opinion.
Leonard Dillon, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Leonard Dillon petitions for a writ of mandamus
seeking an order transferring his criminal prosecution from
federal court to state court, or dismissing the charges against
him. He has also filed a motion for appropriate relief seeking
the transfer of his criminal case from federal to state court.
We conclude that Dillon 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 and there are no other adequate
means by which the movant can obtain the requested relief. In
re Braxton,
258 F.3d 250, 261 (4th Cir. 2001); In re First Fed.
Sav. & Loan Ass’n,
860 F.2d 135, 138 (4th Cir. 1988).
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for writ of mandamus and
deny the motion for appropriate relief. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
PETITION DENIED
2