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  • In Re: Williams V., 4th Cir. (2008)

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    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus seeking an order to compel the chief judge of the U.S. District Court for the Middle District of North Carolina to rule on his objections to a magistrate judge's order rejecting post-judgment motions in his 28 U.S.C. § 2254 habeas corpus proceeding. The U.S. Court of Appeals for the Fourth Circuit denied the petition, finding that the chief judge was not assigned to Williams' case and the assigned judge had already ruled on his objections. The court also denied Williams' motions for expansion of the record, for a stay of execution of his state court sentences, and to expedite consideration of the stay motion.

    Original Description:

    Filed: 2008-07-23 Precedential Status: Non-Precedential Docket: 08-1123

    Original Title

    In Re: Williams v., 4th Cir. (2008)

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    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus seeking an order to compel the chief judge of the U.S. District Court for the Middle District of North Carolina to rule on his objections to a magistrate judge's order rejecting post-judgment motions in his 28 U.S.C. § 2254 habeas corpus proceeding. The U.S. Court of Appeals for the Fourth Circuit denied the petition, finding that the chief judge was not assigned to Williams' case and the assigned judge had already ruled on his objections. The court also denied Williams' motions for expansion of the record, for a stay of execution of his state court sentences, and to expedite consideration of the stay motion.

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    Public Domain
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    3 views3 pages

    In Re: Williams V., 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The petitioner, Stanley Lorenzo Williams, filed a petition for a writ of mandamus seeking an order to compel the chief judge of the U.S. District Court for the Middle District of North Carolina to rule on his objections to a magistrate judge's order rejecting post-judgment motions in his 28 U.S.C. § 2254 habeas corpus proceeding. The U.S. Court of Appeals for the Fourth Circuit denied the petition, finding that the chief judge was not assigned to Williams' case and the assigned judge had already ruled on his objections. The court also denied Williams' motions for expansion of the record, for a stay of execution of his state court sentences, and to expedite consideration of the stay motion.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-1123

    In re: STANLEY LORENZO WILLIAMS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    May 30, 2008

    (1:03-cv-00299-NCT)

    Decided:

    July 23, 2008

    Before MICHAEL, KING, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Stanley Lorenzo Williams, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stanley Lorenzo Williams petitions for a writ of mandamus
    seeking an order compelling the chief judge of the United States
    District Court for the Middle District of North Carolina to act on
    his objections to the magistrate judges October 31, 2007, order
    rejecting post-judgment motions in Williams 28 U.S.C. 2254
    (2000) proceeding.

    We conclude that Williams 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

    Assn, 860 F.2d 135, 138 (4th Cir. 1988).


    drastic

    remedy

    circumstances.

    and

    should

    only

    be

    Further, mandamus is a
    used

    in

    extraordinary

    Kerr v. United States Dist. Court, 426 U.S. 394,

    402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
    The record reveals that the chief judge is not assigned
    to Williams case and that the assigned judge has already ruled on
    Williams objections to the magistrate judges October 31, 2007,
    order.

    Accordingly, although we grant leave to proceed in forma

    pauperis, we deny the petition for writ of mandamus.

    Williams

    motions for expansion of the record and for a permanent stay of


    execution

    of

    his

    state

    court

    sentences

    and

    to

    expedite

    consideration of the motion for stay are denied.

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    - 2 -

    and

    legal

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.
    PETITION DENIED

    - 3 -

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