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In re Harriot

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 28, 2019
No. 18-2295 (4th Cir. Feb. 28, 2019)

Opinion

No. 18-2295

02-28-2019

In re: MICHAEL OWEN HARRIOT, Petitioner.

Michael Owen Harriot, Petitioner Pro Se.


UNPUBLISHED

On Petition for Writ of Mandamus.
(3:99-cr-00341-MBS-3) Before KING, THACKER, and QUATTLEBAUM, Circuit Judges. Petition denied by unpublished per curiam opinion. Michael Owen Harriot, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Michael Owen Harriot petitions for a writ of mandamus seeking an order compelling the district court to hold an evidentiary hearing related to several postconviction motions resolved and pending in the district court. We conclude that Harriot 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). Mandamus may not be used as a substitute for appeal. In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).

The relief sought by Harriot 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 this court and argument would not aid the decisional process.

PETITION DENIED


Summaries of

In re Harriot

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 28, 2019
No. 18-2295 (4th Cir. Feb. 28, 2019)
Case details for

In re Harriot

Case Details

Full title:In re: MICHAEL OWEN HARRIOT, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Feb 28, 2019

Citations

No. 18-2295 (4th Cir. Feb. 28, 2019)