Filed: Jul. 17, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1147 In re: JAMES G. BLAKELY, Petitioner. On Petition for Writ of Mandamus. (4:07-cv-02012-MBS) Submitted: June 27, 2018 Decided: July 17, 2018 Before WILKINSON, TRAXLER, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. James G. Blakely, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James G. Blakely filed a petition for a writ of mandamus and an a
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1147 In re: JAMES G. BLAKELY, Petitioner. On Petition for Writ of Mandamus. (4:07-cv-02012-MBS) Submitted: June 27, 2018 Decided: July 17, 2018 Before WILKINSON, TRAXLER, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. James G. Blakely, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James G. Blakely filed a petition for a writ of mandamus and an am..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1147
In re: JAMES G. BLAKELY,
Petitioner.
On Petition for Writ of Mandamus. (4:07-cv-02012-MBS)
Submitted: June 27, 2018 Decided: July 17, 2018
Before WILKINSON, TRAXLER, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
James G. Blakely, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James G. Blakely filed a petition for a writ of mandamus and an amended petition
for a writ of mandamus, asserting numerous challenges to his state prosecution and
postconviction proceedings and seeking acquittal. We conclude that Blakely 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).
The relief sought by Blakely is not available by way of mandamus. Accordingly,
although we grant leave to proceed in forma pauperis, we deny the petition for writ 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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