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  • In Re: Savoy V., 4th Cir. (2000)

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    Robert Savoy petitioned the Fourth Circuit Court of Appeals for a writ of mandamus ordering the district court to vacate its denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding that mandamus relief is a drastic remedy that is not warranted here as Savoy failed to timely raise the issue in his prior appeal of the district court's denial of his § 2255 motion. The court concluded that mandamus is not a substitute for appeal and therefore denied the petition.

    Original Description:

    Filed: 2000-08-31 Precedential Status: Non-Precedential Docket: 00-6782

    Original Title

    In Re: Savoy v., 4th Cir. (2000)

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    Robert Savoy petitioned the Fourth Circuit Court of Appeals for a writ of mandamus ordering the district court to vacate its denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding that mandamus relief is a drastic remedy that is not warranted here as Savoy failed to timely raise the issue in his prior appeal of the district court's denial of his § 2255 motion. The court concluded that mandamus is not a substitute for appeal and therefore denied the petition.

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    12 views2 pages

    In Re: Savoy V., 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    Robert Savoy petitioned the Fourth Circuit Court of Appeals for a writ of mandamus ordering the district court to vacate its denial of his 28 U.S.C. § 2255 motion. The Fourth Circuit denied the petition, finding that mandamus relief is a drastic remedy that is not warranted here as Savoy failed to timely raise the issue in his prior appeal of the district court's denial of his § 2255 motion. The court concluded that mandamus is not a substitute for appeal and therefore denied the petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-6782

    In Re: ROBERT DION SAVOY,


    Petitioner.

    On Petition for Writ of Mandamus.


    (CR-90-398-A, CA-94-1179-AM)

    Submitted:

    August 24, 2000

    Decided:

    August 31, 2000

    Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Petition denied by unpublished per curiam opinion.


    Robert Dion Savoy, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Robert D. Savoy brought this petition for writ of mandamus
    requesting this court to order the district court to vacate its
    August 5, 1996 order denying his motion filed pursuant to 28
    U.S.C.A. 2255 (West Supp. 2000).

    He contends that the district

    court failed to address an issue raised in that motion.


    Savoy appealed from the district courts August 5, 1996 order,
    but he failed to timely raise this issue in that appeal.

    Savoys

    oversight does not present such an extraordinary situation as to


    warrant the drastic remedy of mandamus relief.

    See Kerr v. United

    States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard, 811 F.2d
    818, 826 (4th Cir. 1987); In re United Steelworkers, 595 F.2d 958,
    960 (4th Cir. 1979) (mandamus not substitute for appeal).
    fore, we deny the petition for writ of mandamus.

    There-

    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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