Daniel Watlington
Filing
920090428
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-1227
In Re:
DANIEL WATLINGTON, Petitioner.
On Petition for Writ of Mandamus.
(5:05-cr-00004-F-1)
Submitted:
April 15, 2009
Decided:
April 28, 2009
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daniel Watlington, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Daniel Watlington petitions for a writ of mandamus in which he seeks an order remanding the assets in the Pallie Trust to the stated trust beneficiary. not entitled to mandamus relief. Mandamus relief is available only when the petitioner has a "clear right to the relief sought." In re First Fed. Sav. Further, We conclude that Watlington is
& Loan Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). mandamus is a drastic remedy reserved for
extraordinary
circumstances.
Kerr v. United States Dist. Court, 426 U.S. 394,
402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). "[M]andamus may not be used as a substitute for appeal." United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). The relief sought by Watlington is not available by way of mandamus. The proper avenue for Watlington to contest In re
the district court's decision allowing the government to use the trust funds for restitution is a direct appeal, a route
Watlington has already pursued without success.
Accordingly, we
deny leave to proceed in forma pauperis and deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials
2
before
the
court
and
argument
would
not
aid
the
decisional
process. PETITION DENIED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?