In Re: Tracey C. Tharp
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
In Re: TRACEY C. THARP, a/k/a Yvette Decker, a/k/a Tracie Davis, a/k/a Tracie Moody, a/k/a Tracey Davis Tharp, a/k/a Tracy Davis, Petitioner.
On Petition for Writ of Mandamus. (2:04-cr-00034-RBS-JEB-2)
November 17, 2009
November 20, 2009
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Tracey C. Tharp, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Tracey C. Tharp petitions for a writ of mandamus
seeking an order compelling the Bureau of Prisons to let her finish her prison sentence in home confinement. Mandamus relief is available only when the petitioner has a clear right to the relief sought. Loan Ass'n, is 860 a F.2d drastic 135, 138 (4th and In re First Fed. Sav. & Cir. 1988). only be Further, used in
Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987). Tharp has not demonstrated that she has a clear right to the relief sought, nor has she demonstrated that the district court has a duty to grant that relief. 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 the court and argument would not aid the
decisional process. PETITION DENIED
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?