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UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 15-1568 Doc: 9 Filed: 08/24/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1568 In re: DAREN KAREEM GADSDEN, Petitioner.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 Petition denied by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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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