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  • In Re: Douglas V., 4th Cir. (2004)

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    Arthur Douglas filed a petition for a writ of mandamus seeking to compel discovery. The court denied the petition, as mandamus is a drastic remedy only appropriate in extraordinary circumstances. To be granted mandamus relief, one must have a clear right to the relief sought, which Douglas did not have. Additionally, mandamus may not be used as a substitute for a normal appeal. As the relief Douglas sought was not available by mandamus, the court denied the petition.

    Original Description:

    Filed: 2004-08-30 Precedential Status: Non-Precedential Docket: 04-7087

    Original Title

    In Re: Douglas v., 4th Cir. (2004)

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    Arthur Douglas filed a petition for a writ of mandamus seeking to compel discovery. The court denied the petition, as mandamus is a drastic remedy only appropriate in extraordinary circumstances. To be granted mandamus relief, one must have a clear right to the relief sought, which Douglas did not have. Additionally, mandamus may not be used as a substitute for a normal appeal. As the relief Douglas sought was not available by mandamus, the court denied the petition.

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    6 views2 pages

    In Re: Douglas V., 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Arthur Douglas filed a petition for a writ of mandamus seeking to compel discovery. The court denied the petition, as mandamus is a drastic remedy only appropriate in extraordinary circumstances. To be granted mandamus relief, one must have a clear right to the relief sought, which Douglas did not have. Additionally, mandamus may not be used as a substitute for a normal appeal. As the relief Douglas sought was not available by mandamus, the court denied the petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7087

    In Re:

    ARTHUR DOUGLAS, III,


    Petitioner.

    On Petition for Writ of Mandamus. (CR-02-84)

    Submitted:

    August 11, 2004

    Decided:

    August 30, 2004

    Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Arthur Douglas, III, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Arthur Douglas, III, petitions for a writ of mandamus,
    seeking an order compelling discovery.
    Mandamus relief is available only when the petitioner has
    a clear right to the relief sought.

    See In re First Fed. Sav. &

    Loan Assn., 860 F.2d 135, 138 (4th Cir. 1988).

    Further, mandamus

    is a drastic remedy and should be used only in extraordinary


    circumstances.

    See Kerr v. United States Dist. Court, 426 U.S.

    394, 402 (1976); In re Beard, 811 F.2d 818, 826 (4th Cir. 1987).
    Mandamus may not be used as a substitute for appeal.

    See In re

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


    The relief sought by Douglas 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.

    We dispense

    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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