In re: Miller v.

Fourth Circuit

In re: Miller v.

332 F. App'x 111

CourtCourt of Appeals for the Fourth Circuit

DecidedAugust 26, 2009

Docket09-1739

StatusUnpublished

This text of 332 F. App'x 111 (In re: Miller 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.

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In re: Miller v., 332 F. App'x 111 (4th Cir. 2009).

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Opinion

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Henry Earl Miller has filed a petition for writ of mandamus challenging the district court’s recharacterization of a letter as a 28 U.S.C. § 2255 (2006) motion. Mandamus is a drastic remedy to be used only in extraordinary circumstances, when “the petitioner has no other adequate means to obtain relief to which there is a clear and indisputable right.” In re Blackwater Sec. Consulting, L.L.C., 460 F.3d 576, 592 (4th Cir.2006) (internal quotations and citation omitted), cert. denied, 549 U.S. 1260, 127 S.Ct. 1381, 167 L.Ed.2d 174 (2007). “Courts are extremely reluctant to grant a writ of mandamus.” In re Beard, 811 F.2d 818, 827 (4th Cir.1987). For the reasons stated by this court in the denial of Miller’s prior mandamus petition, In re Miller, 256 Fed.Appx. 604 (4th Cir.2007) (No. 09-1739), he is not eligible for mandamus relief. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We further deny Miller’s motion to recuse. 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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Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Henry Earl Miller has filed a petition for writ of mandamus challenging the district court’s recharacterization of a letter as a 28 U.S.C. § 2255 (2006) motion. Mandamus is a drastic remedy to be used only in extraordinary circumstances, when “the petitioner has no other adequate means to obtain relief to which there is a clear and indisputable right.” In re Blackwater Sec. Consulting, L.L.C., 460 F.3d 576, 592 (4th Cir.2006) (internal quotations and citation omitted), cert. denied, 549 U.S. 1260, 127 S.Ct. 1381, 167 L.Ed.2d 174 (2007). “Courts are extremely reluctant to grant a writ of mandamus.” In re Beard, 811 F.2d 818, 827 (4th Cir.1987). For the reasons stated by this court in the denial of Miller’s prior mandamus petition, In re Miller, 256 Fed.Appx. 604 (4th Cir.2007) (No. 09-1739), he is not eligible for mandamus relief. Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of mandamus. We further deny Miller’s motion to recuse. 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.

In Re Blackwater Security Consulting, Llc, a Delaware Limited Liability Company Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation, in Re Justin L. McQuown Richard P. Nordan, as Ancillary Administrator for the Separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona, and Estate of Stephen S. Helvenston Estate of Mike R. Teague Estate of Jerko Gerald Zovko Estate of Wesley J.K. Batalona v. Blackwater Security Consulting, Llc, a Delaware Limited Liability Company Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation, and Justin L. McQuown an Individual Thomas Powell, Professional Services Council International Peace Operations Association American International Group, Incorporated, Amici Supporting Richard P. Nordan, as Ancillary Administrator for the Separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona, and Estate of Stephen S. Helvenston Estate of Mike R. Teague Estate of Jerko Gerald Zovko Estate of Wesley J.K. Batalona v. Justin L. McQuown an Individual, and Blackwater Security Consulting, Llc, a Delaware Limited Liability Company Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation Thomas Powell, Professional Services Council International Peace Operations Association American International Group, Incorporated, Amici Supporting

460 F.3d 576 (Fourth Circuit, 2006)

In Re: Miller v.

256 F. App'x 604 (Fourth Circuit, 2007)

Blackwater Security Consulting, LLC v. Nordan

127 S. Ct. 1381 (Supreme Court, 2007)

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