In re: Jimmy L. Nance
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to amend/correct [999170454-2]; denying Motion to appoint/assign counsel [999170452-2], denying Motion to appoint/assign counsel [999077189-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999077187-2] Originating case number: 7:92-cr-00135-JCT-RSB-1 Copies to all parties and the district court/agency. [999179401]. Mailed to: Nance. [13-1421]
Appeal: 13-1421
Doc: 12
Filed: 08/23/2013
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1421
In Re: JIMMY LAWRENCE NANCE,
Petitioner.
On Petition for Writ of Mandamus.
(7:92-cr-00135-JCT-RSB-1)
Submitted:
July 17, 2013
Decided:
August 23, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jimmy Lawrence Nance, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 13-1421
Doc: 12
Filed: 08/23/2013
Pg: 2 of 2
PER CURIAM:
Jimmy Lawrence Nance petitions for a writ of mandamus
seeking an order compelling the district court to address claims
he contends were raised but not resolved in his 28 U.S.C.A.
§ 2255 (West Supp. 2013) proceedings.
We conclude that Nance 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
relief
circumstances.
U.S.
F.3d
is
509,
394,
402
516-17
available
(1976);
(4th
only
clear right to the relief sought.
Kerr
when
Cir.
the
v.
United
United
2003).
States
States
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 Nance is not available by way of
mandamus.
Accordingly, although we grant Nance leave to proceed
in forma pauperis, we deny the petition for writ of mandamus.
Nance’s
motions
for
appointment
mandamus petition are denied.
of
counsel
and
to
amend
the
We dispense with oral argument
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
2
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