In re: Shaheen Cabbagestalk
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to transfer [999646206-2]; denying Motion for abeyance (Local Rule 12(d)) [999646196-2]; denying Motion transfer case [999638522-2]; granting Motion to proceed in forma pauperis (FRAP 24) [999638515-2]; denying Motion for writ of mandamus (FRAP 21) [999630683-2] Originating case number: Copies to all parties and the district court/agency. [999722240]. Mailed to: Shaheen Cabbagestalk. [15-1849]
Appeal: 15-1849
Doc: 19
Filed: 12/21/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1849
In re:
SHAHEEN CABBAGESTALK,
Petitioner.
On Petition for Writ of Mandamus.
Submitted:
December 17, 2015
Decided:
December 21, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Shaheen Cabbagestalk, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1849
Doc: 19
Filed: 12/21/2015
Pg: 2 of 2
PER CURIAM:
Shaheen
Cabbagestalk
petitions
for
a
writ
of
mandamus
seeking an order directing the district court to reinstate two
of his civil actions.
We conclude that Cabbagestalk 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).
Mandamus may not be used as a substitute for appeal.
In
re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
The relief sought by Cabbagestalk is not available by way of
mandamus.
Accordingly, although we grant leave to proceed in
forma pauperis, we deny the petition for writ of mandamus.
deny all of Cabbagestalk’s pending motions.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We
We dispense with
contentions
this
court
are
and
argument would not aid the decisional process.
PETITION DENIED
2
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