In re: Angelo Galloway
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999543542-2]; denying Motion for writ of mandamus (FRAP 21) [999543541-2] Originating case number: 2:10-cr-00096-MSD-TEM-2 Copies to all parties and the district court/agency. [999587572]. Mailed to: Galloway. [15-1253]
Appeal: 15-1253
Doc: 11
Filed: 05/21/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1253
In re:
ANGELO GALLOWAY, a/k/a Gelo,
Petitioner.
On Petition for Writ of Mandamus.
(2:10-cr-00096-MSD-TEM-2)
Submitted:
May 19, 2015
Decided: May 21, 2015
Before NIEMEYER and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Angelo Galloway, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1253
Doc: 11
Filed: 05/21/2015
Pg: 2 of 2
PER CURIAM:
Angelo Galloway petitions for a writ of mandamus seeking an
order directing a district judge to docket his pro se ethics
grievance
against
a
federal
prosecutor.
We
conclude
that
Galloway is not entitled to mandamus relief.
Mandamus relief is a drastic remedy and should be used only
in extraordinary circumstances.
Kerr v. U.S. Dist. Court, 426
U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509,
516-17 (4th Cir. 2003).
Further, mandamus relief is available
only when the petitioner has a clear right to the relief sought.
In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir.
1988).
The
district
court’s
docket
reveals
that
Galloway’s
grievance was received by the district court and referred for
investigation.
To the extent Galloway seeks additional relief
by way of his mandamus petition, he fails to demonstrate a clear
right to such relief.
Accordingly, we grant leave to proceed in
forma pauperis, but we deny the petition for writ of mandamus.
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this 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?