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  • In Re: Robinson V., 4th Cir. (2000)

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    Restoney Robinson filed a petition for a writ of mandamus challenging the dismissal without prejudice of his 42 U.S.C. § 1983 action. The court denied the petition, stating that mandamus relief is not available where another remedy exists, such as appeal, and that mandamus is not a substitute for appeal. As Robinson could have appealed the dismissal of his action, the court denied the petition for mandamus relief without oral argument.

    Original Description:

    Filed: 2000-01-28 Precedential Status: Non-Precedential Docket: 99-7550

    Original Title

    In Re: Robinson v., 4th Cir. (2000)

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    Restoney Robinson filed a petition for a writ of mandamus challenging the dismissal without prejudice of his 42 U.S.C. § 1983 action. The court denied the petition, stating that mandamus relief is not available where another remedy exists, such as appeal, and that mandamus is not a substitute for appeal. As Robinson could have appealed the dismissal of his action, the court denied the petition for mandamus relief without oral argument.

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    5 views2 pages

    In Re: Robinson V., 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    Restoney Robinson filed a petition for a writ of mandamus challenging the dismissal without prejudice of his 42 U.S.C. § 1983 action. The court denied the petition, stating that mandamus relief is not available where another remedy exists, such as appeal, and that mandamus is not a substitute for appeal. As Robinson could have appealed the dismissal of his action, the court denied the petition for mandamus relief without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7550

    In Re: RESTONEY ROBINSON,


    Petitioner.

    On Petition for Writ of Mandamus.

    Submitted:

    January 20, 2000

    (CA-99-445)

    Decided:

    January 28, 2000

    Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

    Petition denied by unpublished per curiam opinion.


    Restoney Robinson, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Restoney Robinson filed this mandamus petition challenging the
    dismissal without prejudice of his 42 U.S.C.A. 1983 (West Supp.
    1999) action.

    Where there is another available remedy, mandamus

    relief is not available.


    Cir. 1987).

    See In re Beard, 811 F.2d 818, 826 (4th

    Mandamus relief is not a substitute for appeal.

    See

    In re United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979).


    Robinson could have challenged the dismissal of his action by
    filing an appeal.

    Accordingly, we deny mandamus relief.

    We dis-

    pense with oral argument because the facts and 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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