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  • In Re Audrey Miller, 931 F.2d 54, 4th Cir. (1991)

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    Audrey Miller filed a petition for a writ of mandamus asking the appeals court to order the district court to vacate its decision in her civil rights case. The appeals court denied the petition, stating that mandamus relief cannot be used as a substitute for appeal. The court also denied Miller's request to proceed in forma pauperis and dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 1991-04-23 Precedential Status: Non-Precedential Citations: 931 F.2d 54 Docket: 91-8102

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    Audrey Miller filed a petition for a writ of mandamus asking the appeals court to order the district court to vacate its decision in her civil rights case. The appeals court denied the petition, stating that mandamus relief cannot be used as a substitute for appeal. The court also denied Miller's request to proceed in forma pauperis and dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

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    In Re Audrey Miller, 931 F.2d 54, 4th Cir. (1991)

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    Audrey Miller filed a petition for a writ of mandamus asking the appeals court to order the district court to vacate its decision in her civil rights case. The appeals court denied the petition, stating that mandamus relief cannot be used as a substitute for appeal. The court also denied Miller's request to proceed in forma pauperis and dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

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    of 1

    931 F.

    2d 54
    Unpublished Disposition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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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 Audrey MILLER, Petitioner.
    No. 91-8102.

    United States Court of Appeals, Fourth Circuit.


    Submitted April 8, 1991.
    Decided April 23, 1991.

    Before MURNAGHAN, SPROUSE and NIEMEYER, Circuit Judges.


    PER CURIAM:

    Audrey Miller brought this mandamus petition seeking to have this Court order
    the district court to vacate and reverse its decision in her 42 U.S.C. Sec. 1983
    suit. Mandamus relief cannot be used as a substitute for appeal. In re: United
    Steelworkers, 595 F.2d 958, 960 (4th Cir.1979). Accordingly, we grant
    permission to proceed in forma pauperis and deny mandamus relief. We
    dispense with oral argument because the facts and legal contentions are
    adequately presented in the materials before the Court and argument would not
    significantly aid in the decisional process.

    PETITION DENIED.

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