In re: Daren Gadsden
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999591229-2]; denying Motion for writ of mandamus (FRAP 21) [999591228-2] Originating case number: 1:11-cr-00302-WDQ-3 Copies to all parties and the district court/agency. [999645644].. [15-1568]
Appeal: 15-1568
Doc: 9
Filed: 08/24/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1568
In re:
DAREN KAREEM GADSDEN,
Petitioner.
On Petition for Writ of Mandamus.
(1:11-cr-00302-WDQ-3)
Submitted:
August 20, 2015
Decided:
August 24, 2015
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Daren Kareem Gadsden, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1568
Doc: 9
Filed: 08/24/2015
Pg: 2 of 2
PER CURIAM:
Daren Kareem Gadsden has petitioned this court for a writ
of mandamus.
order
the
In his petition, Gadsden asks this court to: (1)
district
court
to
act
on
his
motion
asking
the
district court to assess its subject matter jurisdiction over
his criminal case; and (2) rule on the merits of his motion for
a judgment of acquittal.
Gadsden’s petition also asks that we
direct the district court to dismiss the criminal matter against
him.
Gadsden has moved to proceed in forma pauperis.
To obtain mandamus relief, a petitioner must show that:
(1) he has a clear and indisputable right to the
relief sought; (2) the responding party has a clear
duty to do the specific act requested; (3) the act
requested is an official act or duty; (4) there are no
other adequate means to attain the relief he desires;
and (5) the issuance of the writ will effect right and
justice in the circumstances.
In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001) (citation and
internal quotation marks omitted).
We have considered Gadsden’s
petition and conclude that Gadsden is not entitled to mandamus
relief.
leave
Accordingly, although we grant Gadsden’s motion for
to
petition.
legal
before
proceed
in
forma
pauperis,
we
deny
the
mandamus
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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