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In re Chavis

United States Court of Appeals, Fourth Circuit
Dec 17, 2007
258 F. App'x 541 (4th Cir. 2007)

Opinion

No. 07-7105.

Submitted: November 28, 2007.

Decided: December 17, 2007.

On Petition for Writ of Mandamus. (3:07-cv-00291).

Herbert Chavis, Petitioner Pro Se.

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Herbert Chavis petitions for a writ of mandamus seeking an order compelling the district court to vacate his 1997 state court convictions and remand to the trial court for a new trial. We conclude that Chavis is not entitled to mandamus relief.

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). Further, mandamus is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).

Mandamus relief is available only where there is no other available remedy. In re Braxton, 258 F.3d 250, 261 (4th Cir. 2001). Here, Chavis had other means of obtaining relief; namely, through a collateral attack on his conviction. Therefore, the relief sought by Chavis 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. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED.


Summaries of

In re Chavis

United States Court of Appeals, Fourth Circuit
Dec 17, 2007
258 F. App'x 541 (4th Cir. 2007)
Case details for

In re Chavis

Case Details

Full title:In Re: Herbert CHAVIS, Petitioner

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 17, 2007

Citations

258 F. App'x 541 (4th Cir. 2007)