In re McFadden
This text of 539 F. App'x 129 (In re McFadden) 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Petition denied by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
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.
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539 F. App'x 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mcfadden-ca4-2013.