Filed: Nov. 23, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1517 In re: FRANKIE JAE LORDMASTER, a/k/a Jason Robert Goldader, Petitioner. On Petition for Writ of Mandamus. (1:13-cv-01305-JCC-IDD; 1:14-cv-00507-JCC-MSN) Submitted: November 19, 2015 Decided: November 23, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Frankie Jae LordMaster, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1517 In re: FRANKIE JAE LORDMASTER, a/k/a Jason Robert Goldader, Petitioner. On Petition for Writ of Mandamus. (1:13-cv-01305-JCC-IDD; 1:14-cv-00507-JCC-MSN) Submitted: November 19, 2015 Decided: November 23, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Frankie Jae LordMaster, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1517
In re: FRANKIE JAE LORDMASTER, a/k/a Jason Robert Goldader,
Petitioner.
On Petition for Writ of Mandamus.
(1:13-cv-01305-JCC-IDD; 1:14-cv-00507-JCC-MSN)
Submitted: November 19, 2015 Decided: November 23, 2015
Before NIEMEYER, KING, and HARRIS, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Frankie Jae LordMaster, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Frankie Jae LordMaster petitions for a writ of mandamus
seeking an order directing the district court to file certain
documents and to grant him the relief he requested in a 28
U.S.C. § 2254 (2012) petition and a 42 U.S.C. § 1983 (2012)
complaint. We conclude that LordMaster is not entitled to
mandamus relief on these grounds.
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). It 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), and
may not be used as a substitute for appeal, In re Lockheed
Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007).
LordMaster also alleges that the district court has unduly
delayed in ruling on a Fed. R. Civ. P. 60(b) motion filed in his
habeas action and in progressing on his § 1983 complaint. He
seeks an order from this court directing the district court to
act. We find the present record does not reveal undue delay in
the district court in LordMaster’s habeas action. Further, our
review of the district court’s docket reveals that the court
dismissed LordMaster’s § 1983 with prejudice in May 2015,
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rendering moot the portion of the mandamus petition seeking
timely review of this complaint.
Accordingly, we deny LordMaster’s motions to stay judgment
and for class action status and deny his mandamus petition. 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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