In Re: Michael Grafmuller

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999682486-2]; denying Motion for writ of prohibition (FRAP 21) [999674891-2] Originating case number: 2:13-cv-00050-RAJ-DEM. Copies to all parties and the district court/agency. [999762150]. Mailed to: M. Grafmuller. [15-2201]

Appeal: 15-2201

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Filed: 02/25/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2201

In re:

MICHAEL P. GRAFMULLER,
Petitioner.

On Petition for Writ of Prohibition.
(2:13-cv-00050-RAJ-DEM)

Submitted:

February 23, 2016

Decided:

February 25, 2016

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Michael P. Grafmuller, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-2201

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Filed: 02/25/2016

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PER CURIAM:
Michael P. Grafmuller petitions for a writ of prohibition
seeking an order vacating his military convictions. ∗
prohibition

“is

a

drastic

and

extraordinary

A writ of

remedy”

that

is

available only when the petitioner has a clear and indisputable
right to the relief sought.
(10th Cir. 1983).

In re Vargas, 723 F.2d 1461, 1468

A writ of prohibition may not be used as a

substitute for appeal.

Id.

We have reviewed the petition and conclude that Grafmuller
has not made the requisite showing for issuance of the writ.
Accordingly,

although

we

grant

leave

to

proceed

pauperis, we deny the writ of prohibition.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

in

forma

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.

PETITION DENIED

∗

To the extent that Grafmuller also seeks the dismissal of
his appeal of the district court’s order denying his Fed. R.
Civ. P. 60(b) motion, this court has already affirmed the
district court’s order, rendering the issue moot.
See
Grafmuller v. Wegner, No. 15-7268, 2016 WL 233184 (4th Cir. Jan.
20, 2016) (unpublished).

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