Filed: Jun. 22, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1452 In re: BILLY RAY SMITH, Petitioner. On Petition for Writ of Mandamus. (5:15-cv-00026-FPS-RWT) Submitted: June 18, 2015 Decided: June 22, 2015 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Billy Ray Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Billy Ray Smith, a federal prisoner, petitions for a writ of mandamu
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1452 In re: BILLY RAY SMITH, Petitioner. On Petition for Writ of Mandamus. (5:15-cv-00026-FPS-RWT) Submitted: June 18, 2015 Decided: June 22, 2015 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. Billy Ray Smith, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Billy Ray Smith, a federal prisoner, petitions for a writ of mandamus..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1452
In re: BILLY RAY SMITH,
Petitioner.
On Petition for Writ of Mandamus.
(5:15-cv-00026-FPS-RWT)
Submitted: June 18, 2015 Decided: June 22, 2015
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Billy Ray Smith, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Billy Ray Smith, a federal prisoner, petitions for a writ
of mandamus seeking an order (a) directing the district court to
docket a 28 U.S.C. § 2241 (2012) petition that his “next friend”
filed on his behalf, (b) dismissing his criminal case in the
district court, and (c) immediately releasing him from custody.
We conclude that Smith 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).
Our review of the district court’s docket reveals that the
district court did docket the § 2241 petition filed by Smith’s
next friend and that such action remains pending. To the extent
Smith seeks an order directing the district court to act, we
deny his petition as moot. Moreover, mandamus cannot be used to
dismiss a closed criminal matter in the district court or direct
a prisoner’s release from custody.
In sum, the relief sought by Smith is not available by way
of mandamus. Accordingly, although we grant leave to proceed in
forma pauperis, we deny Smith’s petition for writ of mandamus
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and his supplemental petitions for writs of mandamus. 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
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