In re: Anthony Cook v. n
UNPUBLISHED PER CURIAM OPINION filed. Motion to procced in forma pauperis granted. Motion for writ of mandamus (FRAP 21) and other pending motions denied [999941769-2]; [999994341-2]; [999945827-2]. Originating case number: 4:16-cv-02939-MBS-TER. Copies to all parties and the district court. . Mailed to: Anthony Cook, Lawrence Crawford, David Duren and Yahya Muquit. [16-2141]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ANTHONY COOK; DAVID DUREN; YAHYA MUQUIT; LAWRENCE
On Petition for Writ of Mandamus.
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
February 21, 2017
Petition denied by unpublished per curiam opinion.
Anthony Cook, David
Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
filed motions for a ruling of law, for recusal, and for this
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.
circumstances exist warranting mandamus relief.
To the extent
respective district court actions, or this court’s prior orders,
mandamus may not be used as a substitute for appeal.
Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).
Pg: 3 of 3
Petitioners have not established extra-judicial bias.
See In re
Beard, 811 F.2d 818, 826-27 (4th Cir. 1987).
Accordingly, although we grant Petitioners’ applications to
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?