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  • In Re: Owens V., 4th Cir. (2009)

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    James Joseph Owens filed a petition for a writ of mandamus seeking a declaration that he is a victim of double jeopardy and an order to vacate his sentences and release him. The United States Court of Appeals for the Fourth Circuit denied the petition, as Owens did not demonstrate extraordinary circumstances or a clear right to the relief sought. To obtain mandamus relief, a petitioner must show a clear right to relief, a clear duty by the respondent to act, and that no other adequate remedy exists. The court determined Owens did not meet this standard and denied the petition.

    Original Description:

    Filed: 2009-01-07 Precedential Status: Non-Precedential Docket: 08-2236

    Original Title

    In Re: Owens v., 4th Cir. (2009)

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    James Joseph Owens filed a petition for a writ of mandamus seeking a declaration that he is a victim of double jeopardy and an order to vacate his sentences and release him. The United States Court of Appeals for the Fourth Circuit denied the petition, as Owens did not demonstrate extraordinary circumstances or a clear right to the relief sought. To obtain mandamus relief, a petitioner must show a clear right to relief, a clear duty by the respondent to act, and that no other adequate remedy exists. The court determined Owens did not meet this standard and denied the petition.

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    Public Domain
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    11 views2 pages

    In Re: Owens V., 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    James Joseph Owens filed a petition for a writ of mandamus seeking a declaration that he is a victim of double jeopardy and an order to vacate his sentences and release him. The United States Court of Appeals for the Fourth Circuit denied the petition, as Owens did not demonstrate extraordinary circumstances or a clear right to the relief sought. To obtain mandamus relief, a petitioner must show a clear right to relief, a clear duty by the respondent to act, and that no other adequate remedy exists. The court determined Owens did not meet this standard and denied the petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-2236

    In Re:

    JAMES JOSEPH OWENS,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    December 16, 2008

    Decided:

    January 7, 2009

    Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    James Joseph Owens, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James Joseph Owens petitions for a writ of mandamus,
    seeking both a declaration that he is a prima facie multiple
    victim of double jeopardy and an order that the district court
    vacate sentences and immediately release him.

    Mandamus is a

    drastic remedy to be used only in extraordinary circumstances.


    Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1974); In
    re: Beard, 811 F.2d 818, 826 (4th Cir. 1987).

    Mandamus relief

    is available only when the petitioner has a clear right to the


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

    relief sought.

    135, 138 (4th Cir. 1988).


    that

    he

    has

    respondent

    has

    clear
    a

    A mandamus petitioner must show

    right

    clear

    to

    duty

    the

    to

    relief

    perform

    sought,

    the

    that

    the

    particular

    act

    requested, and that the plaintiff has no other adequate remedy.


    Id.
    We
    showing.

    conclude

    that

    Owens

    has

    not

    made

    the

    required

    Accordingly, while we grant leave to proceed in forma

    pauperis,

    we

    dispense

    with

    deny
    oral

    the

    petition

    argument

    for

    because

    writ
    the

    of

    mandamus.

    facts

    and

    We
    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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