In Re: Dennis Given

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [998377434-2]; granting Motion to proceed in forma pauperis (FRAP 24) [998377442-2] Originating case number: 5:10-cv-00026-FPS-JSK Copies to all parties and the district court/agency. [998441179] [10-1777]

In Re: Dennis Given

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Case: 10-1777 Document: 7

Date Filed: 10/07/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1777 In Re: DENNIS A. GIVENS, Petitioner.

On Petition for Writ of Mandamus. (5:10-cv-00026-FPS-JSK) Submitted: September 30, 2010 Decided: October 7, 2010

Before NIEMEYER, AGEE, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Dennis A. Givens, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-1777 Document: 7

Date Filed: 10/07/2010

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PER CURIAM: Dennis A. Givens petitions for a writ of mandamus, seeking to compel the United States Attorney's Office for the Northern District of West Virginia and the United States Postal Inspection Service to investigate and prosecute his allegations of forgery and fraud. to the relief he seeks. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U.S. Dist. Court, We conclude that Givens is not entitled

426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is

available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass'n, 860 F.2d The relief sought by Givens is not See Wayte v. United States, 470

135, 138 (4th Cir. 1988).

available by way of mandamus.

U.S. 598, 607 (1985) ("[T]he Government retains broad discretion as to whom to prosecute.") (internal quotation marks omitted); Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973) ("[P]rivate citizen lacks a judicially cognizable interest in the

prosecution or nonprosecution of another."). Accordingly, although we grant leave to proceed in We

forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because the facts and

legal

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Case: 10-1777 Document: 7

Date Filed: 10/07/2010

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contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED

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