In re: Julian Ash ( 2023 )


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  • USCA4 Appeal: 23-1713      Doc: 10          Filed: 08/28/2023   Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-1713
    In re: JULIAN R. ASH,
    Petitioner.
    On Petition for Writ of Mandamus to the United States District Court for the District of
    Maryland, at Baltimore. (1:22-cv-00649-GLR)
    Submitted: August 24, 2023                                        Decided: August 28, 2023
    Before QUATTLEBAUM and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit
    Judge.
    Petition denied by unpublished per curiam opinion.
    Julian R. Ash, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-1713        Doc: 10         Filed: 08/28/2023    Pg: 2 of 2
    PER CURIAM:
    Julian R. Ash petitions for a writ of mandamus, raising several challenges to the
    underlying district court proceedings. We conclude that Ash 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 and “has no other adequate means to
    attain the relief [he] desires.” Murphy-Brown, 
    907 F.3d at 795
     (alteration and internal
    quotation marks omitted). Mandamus may not be used as a substitute for appeal or, in this
    case, a rehearing petition.       See In re Lockheed Martin Corp., 
    503 F.3d 351
    , 353
    (4th Cir. 2007).
    Ash does not satisfy the standard for mandamus relief. Accordingly, 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: 23-1713

Filed Date: 8/28/2023

Precedential Status: Non-Precedential

Modified Date: 8/29/2023