In re: Jimmie Grubb

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998912121-2]; denying Motion for writ of mandamus (FRAP 21) [998912119-2] Originating case number: 3:06-cr-00048-RJC-CH-1,3:11-cv-00125-RJC Copies to all parties and the district court/agency. [998991388]. Mailed to: Jimmie Grubbs. [12-1970]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1970

In Re:

JIMMIE VANCE GRUBBS,
Petitioner.

On Petition for Writ of Mandamus.
(3:06-cr-00048-RJC-CH-1; 3:11-cv-00125-RJC)

Submitted:

November 7, 2012

Decided:

November 29, 2012

Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jimmie Vance Grubbs, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jimmie Vance Grubbs petitions for a writ of mandamus,
asking this court to grant sua sponte his 28 U.S.C.A. § 2255
(West Supp. 2012) motion to vacate his conviction and sentence,
currently

pending

in

immediate release.

the

district

court,

and

to

direct

his

We conclude that Grubbs is not entitled to

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

in

Dist.

extraordinary

Court,

Moussaoui,
mandamus

426

333

U.S.

F.3d

relief

circumstances.

is

394,

509,

402

516-17

available

(1976);
(4th

only

clear right to the relief sought.

Kerr

United

United

Cir.

when

v.

the

States

States

2003).

v.

Further,

petitioner

has

a

In re First Fed. Sav. & Loan

Ass’n, 860 F.2d 135, 138 (4th Cir. 1988).
used as a substitute for appeal.

Mandamus may not be

In re Lockheed Martin Corp.,

503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Grubbs is not available by way of
mandamus, as he may continue to pursue it via § 2255 in the
district

court

and,

if

he

is

dissatisfied

with

the

district

court’s ultimate ruling, he may seek to appeal in this court.
To the extent Grubbs complains of delay by the district court,
we

find

the

present

record

does

not

reveal

undue

delay.

Accordingly, while we grant leave to proceed in forma pauperis,
we deny the mandamus petition.

We dispense with oral argument
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because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
PETITION DENIED

3