In re: Billups v. , 96 F. App'x 874 ( 2004 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 04-6322
    In Re:   WAYMARE BILLUPS,
    Petitioner.
    On Petition for Writ of Mandamus.
    (CA-03-948-5)
    Submitted: April 29, 2004                     Decided:   May 6, 2004
    Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Waymare Billups, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Waymare Billups has filed a petition for writ of mandamus
    seeking removal of a detainer filed by the State of Maryland.
    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).
    Billups has not shown that the relief sought is not
    available by other means. Accordingly, although we grant Billups’s
    motion to proceed in forma pauperis, we deny the petition for writ
    of mandamus and deny Billups’s motions for appointment of counsel
    and to dismiss his detainer.      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: 04-6322

Citation Numbers: 96 F. App'x 874

Judges: Luttig, Per Curiam, Shedd, Williams

Filed Date: 5/6/2004

Precedential Status: Non-Precedential

Modified Date: 8/6/2023