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In Re: Theodore Wagner, 4th Cir. (2012)
In Re: Theodore Wagner, 4th Cir. (2012)
No. 11-2409
In Re:
Submitted:
Decided:
PER CURIAM:
Theodore Thomas Wagner filed a petition for writ of
mandamus and a supplemental mandamus petition challenging the
district courts order construing as a 28 U.S.C. 2255 (West
Supp.
2006)
District
motion
of
successive.
Texas
pleading
and
transferred
dismissing
it
from
without
the
Northern
prejudice
as
relief.
Mandamus relief is a drastic remedy and should be used
only
Dist.
in
extraordinary
Court,
Moussaoui,
mandamus
426
333
relief
circumstances.
U.S.
F.3d
is
509,
394,
402
516-17
available
only
Kerr
(1976);
(4th
the
2003).
States
States
v.
Further,
petitioner
has
United
United
Cir.
when
v.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and