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In re Wiggins

United States Court of Appeals, Fourth Circuit
Sep 13, 2021
No. 21-1531 (4th Cir. Sep. 13, 2021)

Opinion

21-1531

09-13-2021

In re: TAURUS WIGGINS, a/k/a Ock, Petitioner.

Taurus Wiggins, Petitioner Pro Se.


UNPUBLISHED

Submitted: September 9, 2021

On Petition for Writ of Mandamus. (1:09-cr-00287-GLR-6)

Taurus Wiggins, Petitioner Pro Se.

Before MOTZ, KING, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Taurus Wiggins petitions for a writ of mandamus seeking an order vacating or setting aside his criminal judgment. We conclude that Wiggins is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 (2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought and "has no other adequate means to attain the relief [he] desires." Murphy-Brown, 907 F.3d at 795 (alteration and internal quotation marks omitted). 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 Wiggins is not available by way of mandamus. Accordingly, 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 Wiggins

United States Court of Appeals, Fourth Circuit
Sep 13, 2021
No. 21-1531 (4th Cir. Sep. 13, 2021)
Case details for

In re Wiggins

Case Details

Full title:In re: TAURUS WIGGINS, a/k/a Ock, Petitioner.

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 13, 2021

Citations

No. 21-1531 (4th Cir. Sep. 13, 2021)