In Re: Jerome McFadden v.

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 3, 2013
• Docket: 13-1540
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-1540

In re: JEROME MCFADDEN,

Petitioner.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Mary G. Lewis, District Judge. (0:12-cv-01627-MGL)

Submitted: August 29, 2013 Decided: September 3, 2013

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jerome McFadden, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jerome McFadden petitions for a writ of prohibition,

seeking an order directing prison guards to cease retaliatory

conduct against him. We conclude that McFadden is not entitled

to the requested relief. A writ of prohibition is a drastic

remedy that should be granted only where the petitioner’s right

to such relief is clear and indisputable. In re Vargas, 723

F.2d 1461, 1468 (10th Cir. 1983). As that is not the case here,

we deny the petition. 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