Filed: Jun. 25, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1396 In re: MICHAEL ANTHONY JONES, Petitioner. On Petition for Writ of Mandamus. (1:15-cv-00050-IMK-RWT) Submitted: June 21, 2018 Decided: June 25, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Petitions denied by unpublished per curiam opinion. Michael Anthony Jones, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Anthony Jones filed a
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1396 In re: MICHAEL ANTHONY JONES, Petitioner. On Petition for Writ of Mandamus. (1:15-cv-00050-IMK-RWT) Submitted: June 21, 2018 Decided: June 25, 2018 Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Petitions denied by unpublished per curiam opinion. Michael Anthony Jones, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Anthony Jones filed a p..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1396
In re: MICHAEL ANTHONY JONES,
Petitioner.
On Petition for Writ of Mandamus. (1:15-cv-00050-IMK-RWT)
Submitted: June 21, 2018 Decided: June 25, 2018
Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Petitions denied by unpublished per curiam opinion.
Michael Anthony Jones, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Anthony Jones filed a petition and an amended petition for a writ of
mandamus, seeking an order directing the district court to consider objections to the
magistrate judge’s recommendation to deny relief in his civil case. We conclude that Jones
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 Norfolk S. Ry. Co.,
756
F.3d 282, 294 (4th Cir. 2014).
Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp.,
503 F.3d 351, 353 (4th Cir. 2007). Jones has not shown the existence of an extraordinary
circumstance, nor has he shown that he has a clear right to the relief he seeks. Accordingly,
although we grant leave to proceed in forma pauperis, we deny the petitions 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.
PETITIONS DENIED
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