In Re: Sean Dudley

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998492263-2]; denying Motion for writ of mandamus (FRAP 21) [998482036-2]; denying Motion for extraordinary writ under FRAP 21 [998493252-2] Originating case number: 5:97-cr-00001-RLV-1 Copies to all parties and the district court/agency. [998559210]. Mailed to: Sean Dudley. [10-2369]

Case: 10-2369

Document: 9

Date Filed: 04/04/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-2369

In Re:

SEAN LAMONT DUDLEY, a/k/a John D. Brown,
Petitioner.

On Petition for Writ of Mandamus.

Submitted:

March 31, 2011

(5:97-cr-00001-RLV-1)

Decided:

April 4, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Sean Lamont Dudley, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-2369

Document: 9

Date Filed: 04/04/2011

Page: 2

PER CURIAM:
Sean Lamont Dudley has petitioned this court for a
writ of mandamus.

In his petition, Dudley asks this court to

order the district court to establish that it had authority to
accept

his

(requiring

guilty
a

plea

district

under

court

Fed.

to

R.

Crim.

determine

factual basis for a guilty plea).

P.

whether

11(b)(3)

there

is

a

To obtain mandamus relief, a

petitioner must show that:
(1) he has a clear and indisputable right to the
relief sought; (2) the responding party has a clear
duty to do the specific act requested; (3) the act
requested is an official act or duty; (4) there are no
other adequate means to attain the relief he desires;
and (5) the issuance of the writ will effect right and
justice in the circumstances.
In

re

Braxton,

quotation

258

marks

F.3d

and

250,

261

Cir.

omitted).

citation

(4th

We

2001)
have

(internal
considered

Dudley’s petition and conclude that Dudley is not entitled to
mandamus relief.

Accordingly, we deny Dudley’s motion for leave

to proceed in forma pauperis and deny the mandamus petition.
dispense

with

contentions
before

the

oral

are
court

argument

because

adequately
and

the

presented

argument

would

not

facts

and

We

legal

in

the

materials

aid

the

decisional

process.
PETITION DENIED

2