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In re Meyers

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 7, 2019
No. 18-2344 (4th Cir. Feb. 7, 2019)

Opinion

No. 18-2344

02-07-2019

In re: DAVID MEYERS, Petitioner.

David Meyers, Petitioner Pro Se.


UNPUBLISHED

On Petition for Writ of Mandamus. (7:18-cv-00460-MFU-RSB) Before NIEMEYER, MOTZ, and KING, Circuit Judges. Petition denied by unpublished per curiam opinion. David Meyers, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David Meyers petitions for a writ of mandamus seeking an order directing the district court to process his actions and petitions. We conclude that Meyers 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). We have reviewed the petition and conclude that Meyers has not shown a clear right to the relief sought. Accordingly, although we grant leave to proceed under the Prison Litigation Reform Act without prepayment of fees, 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 Meyers

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Feb 7, 2019
No. 18-2344 (4th Cir. Feb. 7, 2019)
Case details for

In re Meyers

Case Details

Full title:In re: DAVID MEYERS, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Feb 7, 2019

Citations

No. 18-2344 (4th Cir. Feb. 7, 2019)