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  • In Re: McIntosh, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit denied Patrick McIntosh's petition for a writ of mandamus seeking to compel the district court to enter a protective order relieving McIntosh of discovery obligations in a civil case where he is the plaintiff. The court determined that mandamus relief is a drastic remedy only available in extraordinary circumstances, when the petitioner has a clear right to relief. The court concluded McIntosh was not entitled to the relief sought through mandamus and denied the petition.

    Original Description:

    Filed: 2011-03-21 Precedential Status: Non-Precedential Docket: 11-1066

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    The United States Court of Appeals for the Fourth Circuit denied Patrick McIntosh's petition for a writ of mandamus seeking to compel the district court to enter a protective order relieving McIntosh of discovery obligations in a civil case where he is the plaintiff. The court determined that mandamus relief is a drastic remedy only available in extraordinary circumstances, when the petitioner has a clear right to relief. The court concluded McIntosh was not entitled to the relief sought through mandamus and denied the petition.

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    9 views2 pages

    In Re: McIntosh, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit denied Patrick McIntosh's petition for a writ of mandamus seeking to compel the district court to enter a protective order relieving McIntosh of discovery obligations in a civil case where he is the plaintiff. The court determined that mandamus relief is a drastic remedy only available in extraordinary circumstances, when the petitioner has a clear right to relief. The court concluded McIntosh was not entitled to the relief sought through mandamus and denied the petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-1066

    In Re:

    PATRICK R. MCINTOSH,
    Petitioner.

    On Petition for Writ of Mandamus.


    (2:10-cv-01730-RMG-BM)

    Submitted:

    March 15, 2011

    Before MOTZ and


    Circuit Judge.

    WYNN,

    Circuit

    Decided:

    Judges,

    and

    March 21, 2011

    HAMILTON,

    Senior

    Petition denied by unpublished per curiam opinion.

    Patrick R. McIntosh, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Patrick R. McIntosh petitions for a writ of mandamus
    seeking

    an

    order

    compelling

    the

    district

    court

    to

    enter

    protective order to relieve McIntoshs discovery obligations in


    a civil case in which he is the Plaintiff.

    We conclude that

    McIntosh is not entitled to mandamus 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

    clear right to the relief sought.

    Kerr

    (1976);
    (4th
    when

    v.

    United

    United

    Cir.

    States

    2003).

    the

    States
    v.

    Further,

    petitioner

    has

    In re First Fed. Sav. & Loan

    Ass'n, 860 F.2d 135, 138 (4th Cir. 1988).

    Moreover, mandamus

    may not be used as a substitute for appeal.

    In re Lockheed

    Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007).


    The relief sought by McIntosh is not available by way
    of mandamus.

    Accordingly, although we grant leave to proceed in

    forma pauperis, we deny the petition for writ of mandamus.


    dispense

    with

    oral

    argument

    because

    the

    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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