In re Barnes

326 F. App'x 174
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 5, 2009
DocketNo. 09-1089
StatusPublished

This text of 326 F. App'x 174 (In re Barnes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Barnes, 326 F. App'x 174 (4th Cir. 2009).

Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Steven Louis Barnes petitions for a writ of mandamus seeking an order addressing perceived injustices in the district court. We conclude that Barnes 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 only be used 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).

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

PETITION DENIED.

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Related

In Re Diana R. Beard, (Two Cases)
811 F.2d 818 (Fourth Circuit, 1987)
First Federal Savings & Loan Ass'n v. Baker
860 F.2d 135 (Fourth Circuit, 1988)

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Bluebook (online)
326 F. App'x 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-barnes-ca4-2009.