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  • In Re Lynwood James Daye, JR., 884 F.2d 1387, 4th Cir. (1989)

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    This document is an unpublished court disposition from the United States Court of Appeals for the Fourth Circuit regarding a petition for a writ of mandamus filed by Lynwood James Daye, Jr. The petition complained about actions taken by the district court in another case. The Court of Appeals denied the petition for mandamus, noting that because the underlying district court case had been dismissed, an appeal would be the proper way to challenge the district court's actions rather than a petition for mandamus.

    Original Description:

    Filed: 1989-07-24 Precedential Status: Non-Precedential Citations: 884 F.2d 1387 Docket: 88-8014

    Original Title

    In Re Lynwood James Daye, Jr., 884 F.2d 1387, 4th Cir. (1989)

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    This document is an unpublished court disposition from the United States Court of Appeals for the Fourth Circuit regarding a petition for a writ of mandamus filed by Lynwood James Daye, Jr. The petition complained about actions taken by the district court in another case. The Court of Appeals denied the petition for mandamus, noting that because the underlying district court case had been dismissed, an appeal would be the proper way to challenge the district court's actions rather than a petition for mandamus.

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    Public Domain
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    6 views1 page

    In Re Lynwood James Daye, JR., 884 F.2d 1387, 4th Cir. (1989)

    Uploaded by

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    This document is an unpublished court disposition from the United States Court of Appeals for the Fourth Circuit regarding a petition for a writ of mandamus filed by Lynwood James Daye, Jr. The petition complained about actions taken by the district court in another case. The Court of Appeals denied the petition for mandamus, noting that because the underlying district court case had been dismissed, an appeal would be the proper way to challenge the district court's actions rather than a petition for mandamus.

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    of 1

    884 F.

    2d 1387
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    In re Lynwood James DAYE, Jr., Petitioner.
    No. 88-8014.

    United States Court of Appeals, Fourth Circuit.


    Submitted June 20, 1989.
    Decided July 24, 1989.

    Lynwood James Daye, Jr., Petitioner pro se.


    Before DONALD RUSSELL and K.K. HALL, Circuit Judges, and
    BUTZNER, Senior Circuit Judge.
    PER CURIAM:

    Lynwood James Daye, Jr., petitions this Court for a writ of mandamus,
    complaining of the district court's actions in Daye v. Bumgarner, C/A No. 87845-C-R (M.D.N.C.). As that action has now been dismissed, an appeal is the
    proper vehicle for challenging the district court's actions in that case. Cf. In re
    United Steelworkers, 595 F.2d 958, 960 (4th Cir.1979) (mandamus should not
    be a substitute for an appeal). Accordingly, while we grant leave to proceed in
    forma pauperis, we deny the petition.

    PETITION DENIED.

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