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In re Yambo

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 28, 2016
No. 16-1417 (4th Cir. Jun. 28, 2016)

Opinion

No. 16-1417

06-28-2016

In Re: FRANK YAMBO, Petitioner.

Frank Yambo, Petitioner Pro Se.


UNPUBLISHED On Petition for Writ of Mandamus. Before MOTZ, KING, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Frank Yambo, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Frank Yambo petitions for a writ of mandamus seeking an order directing the Southern Correctional Institution to provide him with a Halal diet. We conclude that Yambo 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).

Yambo has not shown he has a clear right to the relief sought. 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 Yambo

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 28, 2016
No. 16-1417 (4th Cir. Jun. 28, 2016)
Case details for

In re Yambo

Case Details

Full title:In Re: FRANK YAMBO, Petitioner.

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 28, 2016

Citations

No. 16-1417 (4th Cir. Jun. 28, 2016)