In re: Sean Fowlke
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998970900-2]; denying Motion for writ of mandamus (FRAP 21) [998967886-2], denying Motion for writ of mandamus (FRAP 21) [998957969-2] Originating case number: 1:09-cr-00244-CCB-5 Copies to all parties and the district court/agency. [999032958]. Mailed to: Fowlkes. [12-2261]
<![CDATA[
Appeal: 12-2261
Doc: 8
Filed: 01/30/2013
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2261
In Re:
SEAN DARNELL FOWLKES,
Petitioner.
On Petition for Writ of Mandamus.
(1:09-cr-00244-CCB-5)
Submitted:
January 22, 2013
Decided:
January 30, 2013
Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Sean Darnell Fowlkes, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 12-2261
Doc: 8
Filed: 01/30/2013
Pg: 2 of 2
PER CURIAM:
Sean Fowlkes petitions for a writ of mandamus, seeking
an
order
dismissing
directing
a
the
criminal
case
dismissal with prejudice.
Mandamus
is
district
a
court
without
to
modify
prejudice
to
its
order
reflect
a
We deny the petition.
drastic
extraordinary circumstances.
remedy
to
be
used
only
in
Kerr v. United States Dist. Court,
426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-17 (4th Cir. 2003).
Mandamus is available only when
the petitioner has a clear right to the relief sought, id. at
517, and may not be used as a substitute for appeal.
In re
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Fowlkes is not available by way
of mandamus.
Accordingly, while 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
]]>
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?
