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  • In Re: Derrick Boger V., 4th Cir. (2015)

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    Derrick Boger filed a petition for a writ of prohibition seeking an order directing that North Carolina prison facilities be given law libraries and/or legal assistance. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that a writ of prohibition is an extraordinary remedy that should only be granted when the petitioner's right is clear and indisputable, and the lower court actions were a clear abuse of discretion. The court determined that Boger did not demonstrate any basis for the relief sought. Therefore, while allowing Boger to proceed in forma pauperis, the court denied both the writ of prohibition and Boger's motion for appointment of counsel.

    Original Description:

    Filed: 2015-04-27 Precedential Status: Non-Precedential Docket: 15-1243

    Original Title

    In Re: Derrick Boger v., 4th Cir. (2015)

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    Derrick Boger filed a petition for a writ of prohibition seeking an order directing that North Carolina prison facilities be given law libraries and/or legal assistance. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that a writ of prohibition is an extraordinary remedy that should only be granted when the petitioner's right is clear and indisputable, and the lower court actions were a clear abuse of discretion. The court determined that Boger did not demonstrate any basis for the relief sought. Therefore, while allowing Boger to proceed in forma pauperis, the court denied both the writ of prohibition and Boger's motion for appointment of counsel.

    Copyright:

    Public Domain
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    6 views2 pages

    In Re: Derrick Boger V., 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    Derrick Boger filed a petition for a writ of prohibition seeking an order directing that North Carolina prison facilities be given law libraries and/or legal assistance. The United States Court of Appeals for the Fourth Circuit denied the petition, finding that a writ of prohibition is an extraordinary remedy that should only be granted when the petitioner's right is clear and indisputable, and the lower court actions were a clear abuse of discretion. The court determined that Boger did not demonstrate any basis for the relief sought. Therefore, while allowing Boger to proceed in forma pauperis, the court denied both the writ of prohibition and Boger's motion for appointment of counsel.

    Copyright:

    Public Domain
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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-1243

    In re:

    DERRICK D. BOGER,

    Petitioner.

    On Petition for Writ of Prohibition.

    Submitted:

    April 17, 2015

    Decided:

    April 27, 2015

    Before KING, SHEDD, and KEENAN, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Derrick D. Boger, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Derrick
    seeking

    an

    D.

    Boger

    order

    petitions

    directing

    that

    for
    the

    writ

    North

    of

    prohibition

    Carolina

    prison

    facilities be given law libraries and/or legal assistance.

    writ of prohibition is a drastic and extraordinary remedy which


    should be granted only when the petitioner has shown his right
    to the writ to be clear and undisputable and that the actions of
    the court were a clear abuse of discretion.
    F.2d 1461, 1468 (10th Cir. 1983).
    be used as a substitute for appeal.

    In re Vargas, 723

    A writ of prohibition may not


    Id..

    Boger has not shown any basis for the relief he seeks.
    Accordingly,

    although

    we

    grant

    leave

    to

    proceed

    in

    forma

    pauperis, we deny the writ of prohibition and Bogers motion for


    appointment of counsel.

    We dispense with oral argument because

    the facts and legal contentions are adequately presented in the


    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.

    PETITION DENIED

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