In re: Roberto Darden ( 2020 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 20-1456
    In re: ROBERTO ANTOINE DARDEN, a/k/a Dizz-e, a/k/a Javon,
    Petitioner.
    On Petition for Writ of Mandamus. (4:11-cr-00052-AWA-LRL-1)
    Submitted: October 19, 2020                                  Decided: November 3, 2020
    Before WILKINSON, DIAZ, and THACKER, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Roberto Antoine Darden, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Roberto Antoine Darden petitions for a writ of mandamus seeking an order directing
    the district court to unseal several documents in his criminal case. We conclude that
    Darden is not entitled to mandamus relief.
    Mandamus relief is a drastic remedy and should be used only in extraordinary
    circumstances. Cheney v. U.S. Dist. Ct., 
    542 U.S. 367
    , 380 (2004); In re Murphy-Brown,
    LLC, 
    907 F.3d 788
    , 795 (4th Cir. 2018). Further, mandamus relief is available only when
    the petitioner has a clear right to the relief sought. 
    Murphy-Brown, 907 F.3d at 795
    .
    Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 
    503 F.3d 351
    , 353 (4th Cir. 2007).
    The relief sought by Darden 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
    2
    

Document Info

Docket Number: 20-1456

Filed Date: 11/3/2020

Precedential Status: Non-Precedential

Modified Date: 11/3/2020