Filed: Feb. 25, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2573 In Re: DOMINIQUE HERMAN ADAMS, Petitioner, On Petition for Writ of Mandamus. (7:10-cv-00383-SGW-mfu) Submitted: February 23, 2016 Decided: February 25, 2016 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Dominique Herman Adams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dominique Herman A
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2573 In Re: DOMINIQUE HERMAN ADAMS, Petitioner, On Petition for Writ of Mandamus. (7:10-cv-00383-SGW-mfu) Submitted: February 23, 2016 Decided: February 25, 2016 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Dominique Herman Adams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dominique Herman Ad..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2573
In Re: DOMINIQUE HERMAN ADAMS,
Petitioner,
On Petition for Writ of Mandamus.
(7:10-cv-00383-SGW-mfu)
Submitted: February 23, 2016 Decided: February 25, 2016
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Dominique Herman Adams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dominique Herman Adams petitions for a writ of mandamus or
a writ of prohibition seeking an order vacating or modifying the
district court’s October 9, 2015, order imposing a prefiling
injunction. We conclude that Adams is not entitled to mandamus
relief.
Mandamus relief is a drastic remedy that should be used
only in extraordinary circumstances. Kerr v. U.S. Dist. Court,
426 U.S. 394, 402 (1976). Further, mandamus relief is available
only when the petitioner has “no other adequate means to attain
the relief he desires” and when he demonstrates his right to
that relief is “clear and indisputable.” United States v.
Moussaoui,
333 F.3d 509, 517 (4th Cir. 2003) (internal quotation
marks omitted). Likewise, “a writ of prohibition is a drastic
and extraordinary remedy which should be granted only when the
petitioner has shown his right to the writ to be clear and
indisputable and that the actions of the court were a clear
abuse of discretion.” In re Vargas,
723 F.2d 1461, 1468 (10th
Cir. 1983). Neither a writ of mandamus nor a writ of
prohibition may be used as a substitute for appeal. In re
Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007)
(mandamus);
Vargas, 723 F.2d at 1468 (prohibition).
The relief Adams seeks is not available by way of mandamus
or prohibition. Accordingly, although we grant leave to proceed
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in forma pauperis, we deny the 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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