In re: Angelo Galloway


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 15-1253 Doc: 11 Filed: 05/21/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1253 In re: ANGELO GALLOWAY, a/k/a Gelo, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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