James Owens, No. 08-2236 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2236 In Re: JAMES JOSEPH OWENS, Petitioner. On Petition for Writ of Mandamus. Submitted: December 16, 2008 Decided: January 7, 2009 Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. James Joseph Owens, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Joseph Owens petitions for a writ of mandamus, seeking both a declaration that he is a prima facie multiple victim of double jeopardy and an order that the district court vacate sentences and immediately release him. Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1974); In re: Beard, 811 F.2d 818, 826 (4th Cir. 1987). Mandamus relief is available only when the petitioner has a clear right to the In re: First Fed. Sav. & Loan Ass n, 860 F.2d relief sought. 135, 138 (4th Cir. 1988). that he has respondent a has clear a A mandamus petitioner must show right clear to duty the to relief perform sought, the that the particular act requested, and that the plaintiff has no other adequate remedy. Id. We conclude that Owens has not made the required showing. Accordingly, while we grant leave to proceed in forma pauperis, we dispense with deny oral the petition argument for because writ the of mandamus. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.