Filed: Oct. 04, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7066 In Re: ANGELO GALLOWAY, Petitioner. On Petitions for Writs of Mandamus. (2:16-cv-00348-MSD-LRL) Submitted: September 29, 2016 Decided: October 4, 2016 Before SHEDD, KEENAN, and HARRIS, Circuit Judges. Petitions denied by unpublished per curiam opinion. Angelo Galloway, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Angelo Galloway petitions for writs of mandamus seeking
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7066 In Re: ANGELO GALLOWAY, Petitioner. On Petitions for Writs of Mandamus. (2:16-cv-00348-MSD-LRL) Submitted: September 29, 2016 Decided: October 4, 2016 Before SHEDD, KEENAN, and HARRIS, Circuit Judges. Petitions denied by unpublished per curiam opinion. Angelo Galloway, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Angelo Galloway petitions for writs of mandamus seeking o..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7066
In Re: ANGELO GALLOWAY,
Petitioner.
On Petitions for Writs of Mandamus.
(2:16-cv-00348-MSD-LRL)
Submitted: September 29, 2016 Decided: October 4, 2016
Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
Petitions denied by unpublished per curiam opinion.
Angelo Galloway, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Angelo Galloway petitions for writs of mandamus seeking
orders directing the district court to hold a bond hearing, to
grant him reasonable bail, and to rule on his complaint under
Fed. R. App. P. 46. We conclude that Galloway 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).
Galloway’s petitions rely on factual and legal premises
that have been rejected on numerous occasions in both the
district court and this court. Galloway may not use mandamus to
relitigate these challenges to his criminal conviction and
sentence or as a substitute for appeal. See In re Lockheed
Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). Further,
Galloway fails to demonstrate a clear right to the relief he
seeks.
Accordingly, although we grant leave to proceed in forma
pauperis, we deny the petitions for writs of mandamus. We deny
as moot Galloway’s motion to expedite decision. We dispense
2
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.
PETITIONS DENIED
3