In re: Bobby Brown

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999565116-2]; denying Motion for writ of mandamus (FRAP 21) [999558874-2]. Originating case number: 1:00-cr-00100-JFM-1. Copies to all parties and the district court/agency. [999701294]. Mailed to: Bobby Brown. [15-1342]

Appeal: 15-1342

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Filed: 11/18/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1342

In Re:

BOBBY JAMES BROWN,
Petitioner.

On Petition for Writ of Mandamus.
(1:00-cr-00100-JFM-1)

Submitted:

November 13, 2015

Decided:

November 18, 2015

Before WILKINSON, KING, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Bobby James Brown, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1342

Doc: 12

Filed: 11/18/2015

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PER CURIAM:
After the district court denied Bobby James Brown’s motion
challenging his criminal convictions and sentence, Brown filed a
petition for mandamus in this court, asking that we address the
merits of the motion.
the relief sought.

We conclude that Brown is not entitled to

Mandamus 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), and may not be used as a substitute for
appeal, In re Lockheed Martin Corp., 502 F.3d 351, 353 (4th Cir.
2007).

Accordingly, although we grant leave to proceed in forma

pauperis,

we

dispense

with

deny
oral

the

petition

argument

for

because

writ
the

of

mandamus.

facts

and

We
legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

PETITION DENIED

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