In Re William J. Jordan, Petitioner, 929 F.2d 692 (4th Cir. 1991)

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U.S. Court of Appeals for the Fourth Circuit - 929 F.2d 692 (4th Cir. 1991) Submitted March 4, 1991. Decided March 22, 1991

On Petition for Writ of Mandamus.

William J. Jordan, petitioner pro se.

PETITION DENIED.

Before WIDENER and K.K. HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


William J. Jordan brought this mandamus petition seeking to have a witness at his trial prosecuted for perjury. Under the separation of powers doctrine, this Court has no authority to order the United States Attorney to prosecute this case. Also, Jordan cannot attempt to challenge his sentence by seeking a writ of mandamus. See In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987) (mandamus is not a substitute for appeal). 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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