In Re: McEvily v. , 49 F. App'x 414 ( 2002 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7161
    In Re: MICHAEL MCEVILY,
    Petitioner.
    On Petition for Writ of Error.   (CA-02-112)
    Submitted:   October 10, 2002              Decided:   October 21, 2002
    Before WILLIAMS, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Michael McEvily, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Michael McEvily filed a petition seeking review of a Virginia
    state statute under the All Writs Act, 
    28 U.S.C. § 1361
     (2000), and
    an injunction against future enforcement of the statute.         McEvily
    asserts     that   the     statute   is      ambiguous   and   therefore
    unconstitutional.        We lack jurisdiction to consider McEvily’s
    petition, and so must dismiss it.
    The All Writs Act vests all statutorily created federal
    courts, including this court, with authority to issue “all writs
    necessary or appropriate in aid of their respective jurisdictions.”
    See 
    28 U.S.C. § 1651
     (2000).     However, McEvily’s petition fails to
    implicate the independent basis for our jurisdiction necessary to
    proceed under the All Writs Act.         See In re Chambers Develop. Co.,
    
    148 F.3d 214
    , 223 n.6 (3d Cir. 1998) (stating that the All Writs
    Act requires that “the case may at some future time come within the
    court’s appellate jurisdiction”).           McEvily’s petition fails to
    allege any active case or controversy. Accordingly, although we
    grant McEvily’s motion to proceed in forma pauperis, we dismiss his
    petition.     We dispense with oral argument because the facts and
    legal contentions are adequately presented in the materials before
    the court and argument would not aid the decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 02-7161

Citation Numbers: 49 F. App'x 414

Judges: Gregory, King, Per Curiam, Williams

Filed Date: 10/21/2002

Precedential Status: Non-Precedential

Modified Date: 8/6/2023