In re: Celeste Broughton


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [1000076663-2], granting Motion to proceed in forma pauperis (FRAP 24) [1000076201-2]; denying Motion for writ of mandamus (FRAP 21) [1000075790-2] Originating case number: 5:16-cv-00302-BO Copies to all parties and the district court/agency. [1000105133].. [17-1593]

Download PDF
Appeal: 17-1593 Doc: 10 Filed: 06/22/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1593 In re: CELESTE G. BROUGHTON, a/k/a Celeste Gold Broughton, Petitioner. On Petition for Writ of Mandamus (No. 5:16-cv-00302-BO) Submitted: June 20, 2017 Before SHEDD, WYNN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Celeste G. Broughton, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: June 22, 2017 Appeal: 17-1593 Doc: 10 Filed: 06/22/2017 Pg: 2 of 2 PER CURIAM: Celeste G. Broughton petitions for a writ of mandamus seeking an order compelling the district court to cancel a scheduled hearing and hold a jury trial, and compelling recusal of the district court judge. We conclude that Broughton 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). Here, the district court granted Broughton’s motion to cancel the hearing and transferred the case to a different district court judge. Therefore, Broughton’s request for a writ of mandamus regarding those issues is moot. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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?