In re: Nicholas James Queen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999901923-2]; denying Motion for writ of mandamus (FRAP 21) [999891655-2] Originating case number: 1:93-cr-00366-WMN-1 Copies to all parties and the district court/agency. [999969001]. Mailed to: Queen. [16-1820]

Appeal: 16-1820

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Filed: 11/16/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1820

In Re:

NICHOLAS JAMES QUEEN,
Petitioner.

On Petition for Writ of Mandamus.
(1:93-cr-00366-WMN-1)

Submitted:

November 14, 2016

Decided:

November 16, 2016

Before WILKINSON, MOTZ, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Nicholas James Queen, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1820

Doc: 6

Filed: 11/16/2016

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PER CURIAM:
Nicholas

James

Queen

petitions

for

a

writ

of

mandamus,

seeking an order precluding the district court from exercising
jurisdiction in a criminal matter and canceling all orders and
judgments against him.
Mandamus

is

a

We deny the petition.
drastic

extraordinary circumstances.

remedy

to

be

used

only

in

Kerr v. United States Dist. Court,

426 U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d
509, 516-17 (4th Cir. 2003).

Further, mandamus is available

only when the petitioner has a clear right to the relief sought.
In re First Fed. Sav. & Loan Ass’n, 860 F.3d 135, 138 (4th Cir.
1988).
Queen
relief.

has

failed

demonstrate

We

argument

grant

because

leave

the

to

mandamus

forma pauperis, we deny the petition for a writ of mandamus.
oral

we

to

in

with

although

entitlement

proceed

dispense

Accordingly,

to

facts

and

legal

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

PETITION DENIED

2