In re: Moses Faison
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for writ of mandamus (FRAP 21) [999174285-2]; terminating Motion for extraordinary writ under FRAP 21 [999173251-2] Originating case number: 5:13-ct-03172-F Copies to all parties and the district court/agency. [999278496]. Mailed to: Moses Faison. [13-2021]
Appeal: 13-2021
Doc: 11
Filed: 01/16/2014
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2021
In Re:
MOSES LEON FAISON,
Petitioner.
On Petition for Writ of Mandamus.
(5:13-ct-03172-F)
Submitted:
December 23, 2013
Decided:
January 16, 2014
Before DAVIS and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Moses Leon Faison, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 13-2021
Doc: 11
Filed: 01/16/2014
Pg: 2 of 2
PER CURIAM:
Moses Leon Faison petitions for a writ of mandamus
seeking
an
order
compelling
an
administrative
law
judge
to
process petitions challenging decisions of the North Carolina
Innocence Inquiry Commission.
We conclude that Faision 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
U.S.
F.3d
is
circumstances.
394,
509,
402
516-17
available
Kerr
(1976);
(4th
only
clear right to the relief sought.
United
United
Cir.
when
v.
States
2003).
the
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 Faison is not available by way of
mandamus.
mandamus.
legal
before
Accordingly,
we
deny
the
petition
for
writ
of
We dispense with oral argument because the facts and
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
PETITION DENIED
2
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