In Re Donald v. Clerkin, Major, Petitioner, 812 F.2d 1400 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 812 F.2d 1400 (4th Cir. 1987) Submitted Oct. 31, 1986. Decided Feb. 20, 1987


On Petition for Writ of Prohibition. W. Earl Britt, District Judge. (C/A No. 84-534).

Donald V. Clerkin, petitioner pro se.

Before RUSSELL, SPROUSE and ERVIN, Circuit Judges.

Donald V. Clerkin petitions this Court for a writ of prohibition to forbid the district court from enforcing certain criminal contempt judgments against third parties; Clerkin was not a party in the district court action, nor does he allege that the enforcement of the judgments would affect him in any way. Clerkin stated in a letter to this Court that this petition is being undertaken in his individual capacity in the interest of justice.

Separate appeals by the parties in interest challenging the findings of contempt are pending in this Court. These appeals provide the proper vehicle for challenging the contempt adjudications, and we perceive no basis for reviewing these adjudications by extraordinary writ at the request of a third party.

We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.

The petition for a writ of prohibition is denied and this action is dismissed.