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  • In Re: Linder V., 4th Cir. (2006)

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    The petitioner, David William Linder, filed a petition for a writ of mandamus seeking an order from the appeals court directing the district court to provide trial exhibits from his criminal case. The appeals court denied the petition in a 3-sentence opinion. It explained that mandamus relief is only available if the petitioner has a clear right to the requested relief and no other means to seek it. Linder failed to establish extraordinary circumstances warranting mandamus. The court also noted it had recently affirmed Linder's conviction and sentence, and he could raise any additional challenges through a Section 2255 motion rather than in a mandamus petition.

    Original Description:

    Filed: 2006-11-08 Precedential Status: Non-Precedential Docket: 06-7316

    Original Title

    In Re: Linder v., 4th Cir. (2006)

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    The petitioner, David William Linder, filed a petition for a writ of mandamus seeking an order from the appeals court directing the district court to provide trial exhibits from his criminal case. The appeals court denied the petition in a 3-sentence opinion. It explained that mandamus relief is only available if the petitioner has a clear right to the requested relief and no other means to seek it. Linder failed to establish extraordinary circumstances warranting mandamus. The court also noted it had recently affirmed Linder's conviction and sentence, and he could raise any additional challenges through a Section 2255 motion rather than in a mandamus petition.

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    In Re: Linder V., 4th Cir. (2006)

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    Scribd Government Docs
    The petitioner, David William Linder, filed a petition for a writ of mandamus seeking an order from the appeals court directing the district court to provide trial exhibits from his criminal case. The appeals court denied the petition in a 3-sentence opinion. It explained that mandamus relief is only available if the petitioner has a clear right to the requested relief and no other means to seek it. Linder failed to establish extraordinary circumstances warranting mandamus. The court also noted it had recently affirmed Linder's conviction and sentence, and he could raise any additional challenges through a Section 2255 motion rather than in a mandamus petition.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7316

    In Re:

    DAVID WILLIAM LINDER,

    Petitioner.

    On Petition for Writ of Mandamus


    (2:04-cr-00191-JBF)

    Submitted: October 31, 2006

    Decided:

    November 8, 2006

    Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    David William Linder, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David William Linder petitions for a writ of mandamus
    seeking an order directing the district court to provide Linder
    with trial exhibits.
    conviction.

    Linder further requests that we overturn his

    We deny the petition.

    Mandamus relief is available only when the petitioner has


    a clear right to the relief sought and no other means to seek the
    requested relief.

    In re First Fed. Sav. & Loan Assn, 860 F.2d

    135, 138 (4th Cir. 1988).

    Further, mandamus is a drastic remedy

    and should only be used in extraordinary circumstances.

    Kerr v.

    United States Dist. Court, 426 U.S. 394, 402 (1976); In re Beard,
    811 F.2d 818, 826 (4th Cir. 1987).

    Linder has not established he

    is entitled to the relief sought, as he fails to establish the


    requisite extraordinary circumstances.

    Further, mandamus may not

    be used as a substitute for appeal.

    In re United Steelworkers, 595

    F.2d 958, 960 (4th Cir. 1979).

    This court recently affirmed

    Linders conviction and sentence, see United States v. Linder, No.


    05-4557, 2006 WL 2659067 (4th Cir. Sept. 15, 2006) (unpublished),
    and he may raise any additional challenges in a motion pursuant to
    28 U.S.C. 2255 (2000).

    We will not consider the propriety of

    Linders conviction in this proceeding.


    Accordingly, although we grant leave to proceed in forma
    pauperis, we deny the petition for writ of mandamus.

    We dispense

    with oral argument because the facts and legal contentions are

    - 2 -

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    PETITION DENIED

    - 3 -

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