Greg Given, No. 10-2093 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2093 In Re: GREG GIVENS, a/k/a Greg P. Givens, Petitioner. On Petition for Writ of Mandamus. Submitted: January 13, 2011 Decided: January 18, 2011 Before MOTZ, KING, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Greg Givens, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Greg Givens petitions for a writ of mandamus seeking an order requiring the United States Attorney s Office and the Federal Bureau of Investigation certain bank employees. to investigate and prosecute We conclude that Givens is not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in Dist. extraordinary Court, Moussaoui, mandamus 426 333 U.S. F.3d relief circumstances. is 394, 509, 402 v. (1976); 516-17 available Kerr (4th only clear right to the relief sought. United Cir. when United States 2003). the States v. Further, petitioner has a In re First Fed. Sav. & Loan Ass n, 860 F.2d 135, 138 (4th Cir. 1988). The relief sought by Givens is not available by way of mandamus. See Wayte v. United States, Government broad 470 U.S. discretion 598, as 607 to (1985) whom to ( [T]he prosecute. ); Linda retains R.S. v. Richard D., 410 U.S. 614, 619 (1973) ( [P]rivate citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another. ). Accordingly, although we grant leave to proceed forma pauperis, we deny the petition for writ of mandamus. dispense with oral argument because 2 the facts and in We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3
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