In re: Elisha Riggleman

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998998318-2] Originating case number: 5:11-cr-00124-1 Copies to all parties and the district court/agency. [999025987]. Mailed to: Elisha Riggleman. [12-2446]

Appeal: 12-2446

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Filed: 01/22/2013

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2446

In re:

ELISHA RIGGLEMAN,

Petitioner.

On Petition for a Writ of Prohibition.
(5:11-cr-00124-1)

Submitted:

January 17, 2012

Decided:

January 22, 2013

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Elisha Riggleman, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-2446

Doc: 11

Filed: 01/22/2013

Pg: 2 of 2

PER CURIAM:
Elisha Riggleman petitions for a writ of prohibition
seeking an order directing that his criminal case be dismissed.
Riggleman is not entitled to such relief.
A writ of prohibition “is a drastic and extraordinary
remedy

which

should

be

granted

only

when

the

petitioner

has

shown his right to the writ to be clear and undisputable and
that

the

actions

of

the

court

were

a

clear

abuse

of

discretion.” In re Vargas, 723 F.2d 1461, 1468 (10th Cir. 1983).
A

writ

appeal.

of

prohibition

may

not

be

used

as

a

substitute

for

Id.
Riggleman has not shown any basis for the relief he

seeks.

Accordingly, although we grant leave to proceed in forma

pauperis, we deny the writ of prohibition.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

We dispense with

legal
before

contentions
the

court

are
and

argument would not aid the decisional process.
PETITION DENIED

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