In Re: Greg Givens v.
This text of 564 F. App'x 21 (In Re: Greg Givens v.) 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.
Opinion
Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Petitioners petition for a writ of “proce-dendo” seeking an order directing the district court to conduct its proceedings in a certain manner. The filing has been docketed as a writ of prohibition, which “is a drastic and extraordinary remedy which should be granted only when the petitioner has shown his right to the writ to be clear and undisputable and that the actions of the court were a clear abuse of discretion.” In re Vargas, 723 F.2d 1461, 1468 (10th Cir.1983). A writ of prohibition may not be used as a substitute for appeal. Id. Because Petitioners have not shown any basis for the relief sought and, in any event, can raise their claims on appeal, we grant leave to proceed in forma pauperis and deny the writ of prohibition. 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.
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564 F. App'x 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-greg-givens-v-ca4-2014.