In re:Gary William

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998804138-2], updating fee code; denying Motion for writ of mandamus (FRAP 21) [998797279-2] Originating case number: 4:08-cr-00087-MSD-FBS-1 Copies to all parties and the district court/agency. [998864020]. Mailed to: Williams. [12-1237]

Appeal: 12-1237

Doc: 9

Filed: 05/30/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1237

In re:

GARY BUTERRA WILLIAMS,
Petitioner.

On Petition for Writ of Mandamus.

Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:

Circuit

Judges,

and

May 30, 2012

HAMILTON,

Senior

Petition denied by unpublished per curiam opinion.

Gary Buterra Williams, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-1237

Doc: 9

Filed: 05/30/2012

Pg: 2 of 2

PER CURIAM:
Gary Buterra Williams petitions for a writ of mandamus
seeking an order compelling the district court to reopen his
closed criminal case to hold an evidentiary hearing and transfer
him into federal custody.

We conclude that Williams is not

entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used
only
Dist.

in

extraordinary

Court,

Moussaoui,
mandamus

426

333

relief

circumstances.

U.S.

F.3d
is

509,

394,

402

516-17

available

only

clear right to the relief sought.

Kerr

(1976);
(4th
when

Cir.
the

v.

United

United

States

States

2003).

v.

Further,

petitioner

has

a

In re First Fed. Sav. & Loan

Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
The relief sought by Williams is not available by way
of mandamus.

Accordingly, although we grant leave to proceed in

forma pauperis, we deny the petition for writ of mandamus.
dispense

with

oral

argument

because

the

facts

and

We

legal

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

PETITION DENIED

2