In Re: Jimmy Wright

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999445093-2]; denying Motion for writ of mandamus (FRAP 21) [999436539-2] Originating case number: 3:06-cr-00006-RJC-1,3:12-cv-00460-RJC. Copies to all parties and the district court/agency. [999517945]. Mailed to: Jimmy Wright. [14-1963]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1963

In Re:

JIMMY ALONZO WRIGHT, a/k/a Jimmy Alfonzo Wright,
Petitioner.

On Petition for Writ of Mandamus.
(3:06-cr-00006-RJC-1; 3:12-cv-00460-RJC)

Submitted:

January 20, 2015

Decided:

January 27, 2015

Before WILKINSON, MOTZ, and FLOYD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jimmy Alonzo Wright, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jimmy Alonzo Wright petitions for a writ of mandamus,
seeking an order directing the district court to decide whether
he is entitled to relief under United States v. Simmons, 649
F.3d 237 (4th Cir. 2011) (en banc).

Wright also appears to

allege that the district court has delayed ruling on unspecified
matters.

We deny the petition.
Mandamus

is

a

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 relief is available only

when there are no other means by which the relief sought could
be granted, and should not be used as a substitute for appeal.
Id. at 517.

The party seeking mandamus relief bears the heavy

burden of showing he has no other adequate means to obtain the
relief sought and that his entitlement to relief is clear and
indisputable.

Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33,

35 (1980).
While unreasonable delay may be a basis upon which to
grant a mandamus petition, see Johnson v. Rogers, 917 F.2d 1283,
1285 (10th Cir. 1990), the record does not disclose such delay
in the district court.

Further, the relief Rogers seeks under

Simmons is not available by way of mandamus.

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Accordingly,

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although

we

grant

leave

to

proceed

in

forma pauperis, we deny the mandamus petition.

We dispense with

oral

contentions

argument

adequately

because

presented

the
in

the

facts

and

material

legal
before

the

court

are
and

argument would not aid the decisional process.
PETITION DENIED

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