In Re: Sanders v. , 115 F. App'x 169 ( 2004 )


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  •                                  UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-2179
    In Re:       HENRY T. SANDERS,
    Petitioner.
    On Petition for Writ of Mandamus
    (CA-97-1654-PJM; CA-03-3619-PJM; CA-04-175-PJM)
    Submitted:    December 16, 2004            Decided:   December 20, 2004
    Before MICHAEL, KING, and SHEDD, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Henry T. Sanders, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Henry T. Sanders has filed a petition for a writ of
    mandamus requesting that this court reverse various court orders.
    Mandamus relief is available only when the petitioner has a clear
    right to the relief sought.           See In re First Fed. Sav. & Loan
    Ass’n, 
    860 F.2d 135
    , 138 (4th Cir. 1988).             Mandamus may not be used
    as a substitute for appeal.          In re United Steelworkers, 
    595 F.2d 958
    , 960 (4th Cir. 1979).             Further, mandamus relief is only
    available when there are no other means by which the relief sought
    could be granted.        In re Beard, 
    811 F.2d 818
    , 826 (4th Cir. 1987).
    Sanders has not shown that the relief sought is not available by
    other means.     In addition, he has failed to show a clear right to
    the relief sought.       Accordingly, although we grant Sanders’ motion
    to proceed in forma pauperis, we deny the petition for writ of
    mandamus   and    deny    Sanders’   motions    for    injunction,    expedited
    treatment, general relief, suspension of rules, judgment, and
    judicial notice.        We grant Sanders’ motion to file a memorandum.
    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.
    PETITION DENIED
    - 2 -
    

Document Info

Docket Number: 04-2179

Citation Numbers: 115 F. App'x 169

Judges: King, Michael, Per Curiam, Shedd

Filed Date: 12/20/2004

Precedential Status: Non-Precedential

Modified Date: 8/7/2023